Take-Two Interactive says in-game currencies are ‘fictions’ that players can’t actually own

You might pay real money for in-game currency, but Take-Two Interactive says that doesn’t make it real: In a filing seeking the dismissal of a lawsuit alleging “civil theft” and unfair business practices in its NBA 2K games, Take-Two said virtual currencies (VCs) are not property but are “fictions” created by game makers, and subject to the same terms and conditions as the games themselves.

Filed in November 2023, the lawsuit states that the NBA 2K series offers in-game currency for purchase that can then be used to acquire cosmetics, performance boosters, and other features that would otherwise be unavailable. But when older versions of those games are retired, access to that currency is lost, as is the value of the money spent on them: Take-Two doesn’t offer refunds for unused in-game currency, nor does it allow it to be transferred to newer games in the series.

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