| Summary: | 碩士 === 銘傳大學 === 法律學系碩士班 === 107 === Loot box is a way to get virtual items in the game. Consumers get virtual items from several different kinds with a randomized selection which is set by the game provider in advance. In regard to this kind trade, “Fair Trade Act”, “Consumer Protection Act”, “Commodity Labeling Act”, all of them can rule goods or services which involve false or misleading representations or symbols. However, the legal position of loot boxes isn’t established until now. Some maintain that loot boxes are goods, and the virtual items get by loot boxes are gifts of the trade. Others consider the virtual items are goods or services, the loot boxes just are one kind of methods to get virtual items.
If loot boxes involve false or misleading representations or symbols, because loot boxes get virtual items with a randomized selection will cause consumers’ damage is difficult to be specified. Even enterprises make or use false or misleading representations or symbols about goods or services and consumers’ damage gain recognition in court, the competent authority may order them to pay an administrative penalty and consumers who bought goods or services also can sue them to recover the damages arising therefrom. Besides, if the enterprises above behavior are intentional or negligent, the consumers can claim for a punitive damage. Although above methods can punish the enterprises that violate the law and skim off their excess profits, administrative penalty and recover the damages are two independent processes might cause the enterprises don’t have to compensate the consumers or can’t have enough responsible property to recover the consumers’ damage.
Furthermore, our laws have above regulations can rule the enterprises, but loot box drop rates don’t belongs must be labeled categories. That means if the enterprises don’t label drop rates or label unclearly, they might not violate any law at present. This situation isn’t only bad for the consumers’ rights, but also puts the enterprises in the gray zone.
For protecting the consumers and maintaining market competition rules, we should change or correct related rules and regulations in force. Like China, Japan and Korea, have already established legal system to face the consumer disputes of loot boxes. Because the Japanese legal system is more complete than China, this research is based on the Japanese legal system. Through analysis it and compare with our current legal system. Bring up the legal problems of loot boxes in Taiwan and raise the solutions.
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