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Canada Judge Rejects Unlawful Gambling Accusation Against EA in Class Action Lawsuit




Canada judge Judge Justice Fleming said that a plaintiff’s claim that loot boxes in EA games constitutes ‘unlawful gaming’ was “bound to fail” but will allow the class-action lawsuit to move forward, according to

Per the report, the lawsuit will proceed based on the accusation that loot boxes in EA games may have adopted “deceptive acts or practices”.

In the lawsuit, Mark Sutherland, the plaintiff, has accused Electronic Arts (EA) of “deceptive and unconscionable acts or practices” under British Columbia’s Business Practices and Consumer Protection Act and brought the claim on behalf of all residents in British Columbia who have paid for loot boxes in over 70 EA games since 2008.

Part of the suit alleges that by selling loot boxes, Electronic Arts (EA) has ‘engaged in unlawful gaming or gambling’ which is in breach of ‘multiple offences in Part Seven of the Criminal Code’, and while Fleming decided that Sutherland’s claim around ‘deceptive acts and practices’ may proceed, the part of the suit centered on gambling would not proceed.

Now, Sutherland has leave to amend his notice against Electronic Arts (EA), but can not “as it relates to allegations of unlawful gaming”.

“Consequently, there is no prospect of gaining, or losing, anything with a real-world value through the defendants’ in-house auctions,” Judge Fleming said. “Unlike a casino chip, virtual currency and virtual items in loot boxes can never be ‘cashed out’ to gain money.

“Given that wagering or a bet must involve the chance of winning or losing real money or money’s worth, in my view, only the allegation of purchasing and selling virtual items through third-party marketplaces could support this element” the judge continued.

“However, this allegation is unrelated to the pleading that identifies the game as the loot box and the bet or wagering as the purchase and opening of a loot box. In other words, the transaction that grounds the unlawful gaming allegation and the wagering element is the initial loot box purchase and opening.

“In any event, as the defendants emphasize, the allegation of purchasing and selling loot box items through third-party marketplaces is entirely disconnected from the class members. The same is true of the defendants. There is no pleading that class members purchased the defendants’ loot boxes for the purpose of purchasing and selling virtual items through third-party marketplaces, let alone participated in third-party marketplaces. Nor is it suggested that the defendants published, promoted, distributed or sold them for any purpose related to these marketplaces. Of course it is the defendants, not class members, who are alleged to have engaged in unlawful gaming.”

Judge Fleming concludes that the argument has “no reasonable prospect of success” but added that “A central focus of Mr Sutherland’s pleading from the outset and yet fundamentally defective both factually and legally, I would not grant leave to amend this aspect of the claim. Recognizing my gate-keeping function at this stage of the proceedings, I view striking this aspect of the claim as in the interests of effective and fair litigation.”

Electronic Arts (EA) has since responded in an official statement: “We’re pleased that the trial court rejected, as a matter of law, the allegations of unlawful gaming. The court’s decision reaffirms our position that nothing in our games constitutes gambling.”



Patreon Hires Twitch’s Adiya Taylor as New Corporate Communications Lead



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Content creation platform Patreon has officially tabbed Adiya Taylor as their new corporate communications lead, effective in February, according to an official announcement.

Taylor worked for Amazon’s video game streaming platform Twitch for three years in a variety of roles, most recently serving as the company’s senior monetization communications manager prior to her departure.

Taylor’s hiring comes after Patreon brought on Brielle Villablanca as Vice President of communications and creator advocacy back in November 2023.

“I’m thrilled to begin crafting and implementing a communications strategy around policy, trust and safety, product and more,” Taylor said during an official post on the networking platform LinkedIn, adding that she believes Patreon is a “true advocate” for creators.

“I’m looking forward to more storytelling around how we’re fostering fandom so that creators own long-lasting businesses built around their artistry,” Taylor added.

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Microsoft Bringing Four Games to Rival Consoles




Microsoft has responded to recent reports that there will be changes to it’s first-party strategy and has confirmed that four game titles will be released on rival consoles.

More specifically, Xbox head Phil Spencer said that ‘Starfield’ and ‘Indiana Jones’ will not be among the four titles heading to other platforms. Both games had a number of candidate platforms, per reports, adding that this is “not a change to our fundamental exclusive strategy.”

“We don’t damage Xbox and we can grow our business using what other platforms have to help us with that,” Spencer said, according to  “Looking forward, I think there is an interesting story for us of introducing Xbox franchises to players on other platforms to get them more interested in Xbox. We think there’s a good brand value for Xbox there.”

Xbox president Sarah Bond announced that Activision Blizzard games would begin to be added into Game Pass offerings, starting with Diablo 4, which will be added on March 28th.

Additionally, Bond said that Microsoft is still working on hardware for the future and that their focus regarding the future is “delivering the largest technical leap you will ever have seen in a hardware generation.”


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Sega’s Revenue See Rise to $27 Billion




Sega Sammy has released its financial report for the nine-month period that officially concluded on December 31st, 2023, and that report that demonstrated a rise in overall sales and profit despite a decrease in sales for Sega’s new titles.

That decline was offset by growth in pachislot and pachinko machines, however Sega had lowered its sales forecasts for the full financial year.

Here is a breakdown, courtesy of

  • Net sales: ¥349.9 billion ($2.3 billion, up 28.7% year-on-year)
  • Operating income: ¥54.4 billion ($364 million, up 42.4% year-on-year)
  • Ordinary income: ¥57.2 billion ($383 million, up 42.7% year-on-year)
  • Net sales were up 130.3% to ¥120.2 billion ($805 million) in this segment
  • Ordinary income increased by 521.3% at ¥45.7 billion ($306 million).
  • Entertainment Contents segment, which includes video games, net sales were up 4.2% at ¥219.3 billion
  • Profit decreased by 52.5% to ¥19.7 billion ($131.8 million) as a result of weak game sales

You can read a breakdown of the entire report at here.

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