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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.”



Armored Core 6: Fires of Rubicon Winning in United Kingdom



bandai namco

FromSoftware title ‘Armored Core 6: Fires of Rubicon’, which is published by Bandai Namco, has laid claim to the top spot of the boxed charts in the United Kingdom this week following it’s August 25th release.

Armored Core 6’s debut pushed Mario Kart 8 Deluxe to the second overall spot in news that video game journalists have been covering extensively.

According to, Bandai Namco believes that ‘Armored Core 6: Fires of Rubicon’ is a “big step up in the franchise’ and communicated their hopes that it would surpass previous Armored Core games following the increased popularity in the game developers work on Elden Ring.

The United Kingdom charts also saw The Legend of Zelda: Tears of the Kingdom move back to the 3rd spot, and FIFA 23 holding the 4th spot.

The biggest rise was from Lego Star Wars: The Skywalker Saga, which jumped back in the top top from it’s previous 24th spot to land in 6th with a 146% increase in sales. That game, along with Hogwarts Legacy, is currently a part of a Playstation 5 bundle.

The Witcher 3: Wild Hunt Game of the Year edition entered the Top Ten this week with an appearance in the 9th spot.

The news wasn’t so good for The Texas Chainsaw Massacre which saw a debut in the 13th spot last week but has now dropped to 37th following a 43% decrease in sales week-on-week, despite it’s initial push on every video game streaming platform following it’s heavily hyped arrival.

Here is a breakdown from the United Kingdom Boxed Top Ten for the week ending on August 26th, via

Last Week This Week Title
New Entry 1 Armored Core VI: Fires Of Rubicon
1 2 Mario Kart 8 Deluxe
4 3 The Legend of Zelda: Tears of the Kingdom
3 4 FIFA 23
9 5 Hogwarts Legacy
24 6 Lego Star Wars: The Skywalker Saga
5 7 Mortal Kombat 11 Ultimate
7 8 Minecraft (Nintendo Switch)
12 9 The Witcher III: Wild Hunt GOTY Edition
2 10 Grand Theft Auto V
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Scriptic Raises $6 Million in Additional Seed Funding




Interactive drama developer and BAFTA-nominated studio Scriptic has raised a total $6.2 million in additional seed funding, including $500,000 from the Sony Innovation Fund, bringing the total seed investments to $8.7 million.

The funding will be deployed to continue going towards the expansion of its mobile narrative offerings, and the studio aims to provide its generative AI developer tools to more writers and storytellers.

“It’s a huge honor to have Sony Innovation Fund join our roster of stellar investors, and we’re thrilled that they share our vision for the future of interactive media and storytelling,” Scriptic CEO Nihal Tharoor said, according to

This marks another example of  studios who find Angel Investors and find VC investors to fund their initiatives, and those deals making waves in the gaming industry.

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Sony Acquiring Audeze




Sony Interactive Entertainment (SIE) is set to officially acquire headphones manufacturer and audio technology company Audeze, officially entering a deal to purchase the company, according to

SIE is aiming to expand the audio technology of Playstation games and with this deal, not only will Audeze help them in that mission but Audeze will continue to operate as a separate entity and develop its audio products, per a number of video game journalists covering the story.

“Audeze is a premier brand for headphones, and this acquisition highlights Sony Interactive’s focus on innovation and providing the best audio experience to PlayStation players,” SIE senior vice president of platform experience Hideaki Nishino said.

Stay tuned for more updates regarding this story.

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