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For a game to legally be counted as "gambling" in most jurisdictions, it has to pass a three-part test: a player has to pay money (1) for an outcome that's materially determined by chance (2) in the hopes of receiving something of value (3). While buying a key to a loot box in a Valve game easily passes those first two tests, New York's legal case will likely hinge on whether the random cosmetic items players get from those loot boxes constitute "something of value" for statutory purposes.

According to James’ office, Valve facilitates and even assists third-party marketplaces in their operations, based on its investigation. Engadget has asked Valve for a statement about the lawsuit, but we have yet to hear back. However, the company previously denied being involved with third-party marketplaces that allow the sales of its game items for real-world money. In a response to an inquiry by the Danish Gambling Authority, Valve explained that those third-party websites create sock puppet accounts to sell and receive items on Steam in exchange for cash. “[T]his behavior is in violation of our terms of service,” Valve said.

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