Case 5:20-cv-03901 Document 1 Filed 06/12/20 Page 1 of 35
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`THE LAW OFFICES OF ANDREW J. BROWN
`ANDREW J. BROWN (160562)
`501 West Broadway, Suite 1490
`San Diego, CA 92101
`Tel: 619/501-6550
`andrew@thebrownlawfirm.com
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`BLOOD HURST & O’REARDON, LLP
`TIMOTHY G. BLOOD (149343)
`THOMAS J. O’REARDON II (247952)
`501 West Broadway, Suite 1490
`San Diego, CA 92101
`Tel: 619/338-1100
`619/338-1101 (fax)
`tblood@bholaw.com
`toreardon@bholaw.com
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`Attorneys for Plaintiffs
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION
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`Plaintiffs,
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`v.
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`Case No.
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`CLASS ACTION COMPLAINT
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`CLASS ACTION
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`JURY TRIAL DEMANDED
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`JOHN COFFEE, MEI-LING MONTANEZ,
`and S.M., a minor by MEI-LING
`MONTANEZ, S.M.’s parent and guardian, on
`behalf of themselves and all others similarly
`situated,
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`GOOGLE LLC,
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`Defendant.
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`00164916
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`CLASS ACTION COMPLAINT
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`Case 5:20-cv-03901 Document 1 Filed 06/12/20 Page 2 of 35
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`“We should be very reticent of creating an experience where the outcome can be
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`influenced by spending money. Loot boxes play on all the mechanics of gambling except
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`for the ability to get more money out in the end.”
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`“Do we want to be like Las Vegas, with slot machines or do we want to be widely
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`respected as creators of products that customers can trust?”
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`“We have businesses that profit by doing their customers harm.”
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`- Tim Sweeney, Co-Founder of Epic Games
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`CLASS ACTION COMPLAINT
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`Case 5:20-cv-03901 Document 1 Filed 06/12/20 Page 3 of 35
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`Plaintiffs JOHN COFFEE, MEI-LING MONTANEZ, and S.M., a minor by MEI-LING
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`MONTANEZ, S.M.’s parent and legal guardian (“Plaintiffs”), file this Class Action Complaint
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`against Google LLC (“Google” or “the Company”). Plaintiffs bring this action based upon personal
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`knowledge of the facts pertaining to themselves, and on information and belief as to all other matters,
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`by and through undersigned counsel.
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`NATURE OF THE ACTION
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`1.
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`The California legislature has declared: “Gambling can become addictive and is not
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`an activity to be promoted or legitimized as entertainment for children and families.” Cal. B & P
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`Code § 19801(c). Through the games it sells and offers for free to consumers through its “Google
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`Play” store, Google engages in predatory practices enticing consumers, including children to engage
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`in gambling and similar addictive conduct in violation of this and other laws designed to protect
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`consumers and to prohibit such practices.
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`2.
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`Not unlike Big Tobacco’s “Joe Camel” advertising campaign, Google relies on
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`creating addictive behaviors in kids to generate huge profits for the Company. Over the last four
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`years Defendant’s Google Play store games have brought in billions of dollars, even though the vast
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`majority of the games are free to download.
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`3.
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`A large percentage of Google’s revenues from Google Play store games come from
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`the in-game purchases of what are known in the gaming industry as “loot boxes” or “loot crates.”
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`Dozens (if not hundreds) of Google Play store games rely on some form of Loot Box or similar
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`gambling mechanism to generate billions of dollars, much of it from kids.
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`4.
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`Loot Boxes are purchased using real money, but are simply randomized chances
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`within the game to obtain important or better weapons, costumes or player appearance (called
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`“skins”), or some other in-game item or feature that is designed to enhance game-play. If obtained,
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`these weapons, skins, and other items can help the player advance in the game and enhance the game
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`playing experience. But buying a Loot Box is a gamble, because the player does not know what the
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`Loot Box actually contains until it is opened.
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`5.
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`Unsurprisingly, the perceived best “loot” in the game is also the most difficult to
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`obtain, and least likely to be received via Loot Box. Conversely, most items in the Loot Boxes tend
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`00164916
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`to be “common” or undesirable to the player – either because it is easily obtained or because the
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`player already possesses the item.
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`6.
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`Some of these specific high-demand items in the game can be so difficult (and costly)
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`to obtain that a “gray market” has sprung up on the internet – websites where the game accounts
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`and in some cases individual items can be (and are) bought and sold for real money outside of the
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`game itself. Numerous websites have been created to broker these transactions, bringing buyer and
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`seller together to sell these items and accounts, for real money outside of the game.
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`7.
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`Loot Boxes have all the hallmarks of a Las Vegas-style slot machine, including the
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`psychological aspects to encourage and create addiction – especially among adolescents. Moreover,
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`under California law they constitute illegal “slot machines or devices” when played on a mobile
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`phone, tablet, computer, or other similar device. California Penal Code § 330(d) broadly defines an
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`unlawful “slot machine or device” as,
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`a machine, apparatus, or device that is adapted, or may readily be converted, for use
`in a way that, as a result of the insertion of any piece of money or coin or other object,
`or by any other means, the machine or device is caused to operate or may be operated,
`and by reason of any element of hazard or chance or of other outcome of operation
`unpredictable by him or her, the user may receive or become entitled to receive any
`piece of money, credit, allowance, or thing of value, or additional chance or right to
`use the slot machine or device, or any check, slug, token, or memorandum, whether
`of value or otherwise, which may be exchanged for any money, credit, allowance, or
`thing of value, or which may be given in trade, irrespective of whether it may, apart
`from any element of hazard or chance or unpredictable outcome of operation, also
`sell, deliver, or present some merchandise, indication of weight, entertainment, or
`other thing of value.
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`Cal. Pen. Code § 330(b)(d).
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`8.
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`Governments, regulators, and psychologists all agree that Loot Boxes, like the ones
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`in games Defendant offers through its Google Play store, operate as gambling devices for those that
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`play the game, including minors, and that they create and reinforce addictive behaviors.
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`9.
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`For instance, the Government of Belgium examined the use of Loot Boxes in various
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`videogames and determined that they violated that country’s gambling laws, specifically finding,
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`The paid loot boxes in the examined games Overwatch, FIFA 18 and Counter-Strike:
`Global Offensive fit the description of a game of chance because all of the
`constitutive elements of gambling are present (game, wager, chance, win/loss).
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`Case 5:20-cv-03901 Document 1 Filed 06/12/20 Page 5 of 35
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`10.
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`Likewise, in September 2019 Great Britain Parliament’s Digital, Culture, Media and
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`Sport Committee issued a report to Parliament determining that Loot Boxes constitute gambling and
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`encourage addictive behavior, and recommending that the sale of Loot Boxes to children should be
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`banned. Committee Chair Damian Collins MP said:
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`Loot boxes are particularly lucrative for games companies but come at a high cost,
`particularly for problem gamblers, while exposing children to potential harm. Buying
`a loot box is playing a game of chance and it is high time the gambling laws caught
`up. We challenge the Government to explain why loot boxes should be exempt from
`the Gambling Act.
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`11.
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`Similarly, psychologists who have studied the issue agree that Loot Boxes correlate
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`with problem gambling, especially among adolescents. For example, one such survey analysis of
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`current studies concluded,
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`[T]he findings are very consistent that there is an association between problem
`gambling and loot box buying among both adolescents and adults (and that the
`association may be even stronger among adolescents).
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`12.
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`Even Google implicitly concedes the Loot Boxes in its Google Play store games are
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`a form of gambling. Like the California state lottery, Google requires its App Developers to disclose
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`the “odds of winning” particular items in the Loot Boxes for the games it distributes. Google’s
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`“Developer Program Policies” for App Developers states:
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`Apps offering mechanisms to receive randomized virtual items from a purchase
`(i.e. "loot boxes") must clearly disclose the odds of receiving those items in advance
`of purchase.1
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`13. While Google does not itself create these games and the Loot Box mechanism used
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`to entice children to gamble, Google profits handsomely by 1) marketing, selling, and/or distributing
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`the games to kids on Google products and through its Google Play store platform; 2) acting as the
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`agent for the developer in selling the Loot Boxes; and 3) handling the money in all of the transactions
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`– taking a 30% cut of all money spent by players before transferring the remainder to the developer.
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`https://play.google.com/about/developer-content-policy-print/. Google
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`apparently does not regulate the method of how those odds are disclosed, as they are frequently
`difficult to find or simply not available until the player has already decided to purchase the Loot
`Box.
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`THE PARTIES
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`14.
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`Plaintiff John Coffee is a citizen of the State of California and a resident of Tehama
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`County. Since at least 2018, Plaintiff has owned and played Final Fantasy Brave Exvius, a game
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`marketed, sold and/or distributed by Defendant Google, and which he downloaded through the
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`Google Play store on to his Android mobile device. In the course of playing Final Fantasy Brave
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`Exvius and other games including War of the Visions: Final Fantasy Brave Exvius, Dragon Ball
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`Legends, The Seven Deadly Sins: Grand Cross, Dragon Quest, Puzzles & Dragons, Dragon Ball Z
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`Dokkan Battle, Brave Frontier, Arms of War, Mobius Final Fantasy, Final Fantasy Record Keeper,
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`and Clash Royale, and as a result of Defendant’s conduct, Plaintiff has been induced to spend money
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`to purchase “Loot Boxes” in-game. Plaintiff Coffee continues to play Final Fantasy Brave Exvius
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`and other games offering Loot Boxes on his Android mobile device. Plaintiff Coffee estimates he
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`has spent in excess of $500 on in-game Loot Boxes in exchange for the random-chance possibility
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`of winning valuable items. Plaintiff Coffee still owns and plays Final Fantasy Brave Exvius as well
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`as other games downloaded through the Google Play store, which contain Loot Boxes. To the extent
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`he plays these games in the future, he will be subjected to Google’s predatory Loot Box scheme.
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`15.
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`Plaintiff Mei-Ling Montanez is the parent and legal guardian of S.M., a minor. She
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`is and at all relevant times was a citizen of the State of New York who resides in Brooklyn, New
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`York. Since at least 2019, her son S.M. has owned and played Dragon Ball Z Dokkan Battle
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`(“Dragon Ball Z”), a game sold and/or distributed by Defendant Google. In the course of playing
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`Dragon Ball Z and other games on Google-enabled devices, Plaintiff’s son S.M. has been induced
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`to spend his parents’ money and perhaps his own money to purchase “Loot Boxes” in-game.
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`16.
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`Plaintiff S.M. is a minor. He is and at all relevant times was a citizen of the State of
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`New York who resides in Brooklyn. Since at least 2019, S.M. has owned and played Dragon Ball
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`Z, a game owned and published by Bandai Namco Entertainment. Dragon Ball Z was downloaded
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`by S.M. onto a Samsung smartphone device, which uses the Google Android operating system. S.M.
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`downloaded the game Dragon Ball Z from Google’s App Store called “Google Play” directly onto
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`the Google Android device in order to play it.
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`Case 5:20-cv-03901 Document 1 Filed 06/12/20 Page 7 of 35
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`17.
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`In the course of playing Dragon Ball Z, S.M. has been induced to spend his parents’
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`money to purchase “Loot Boxes” in-game. In Dragon Ball Z, the Loot Box mechanism is called a
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`“Summons,” which S.M. has purchased.
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`18.
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`S.M. played, and continues to play, Dragon Ball Z on the Samsung smartphone. Mei-
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`Ling Montanez estimates S.M. has spent more than $100 on in-game purchases including Loot
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`Boxes. The money spent on Loot Boxes was done in exchange for the random-chance possibility of
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`winning valuable items in-game. S.M. used his parents’ credit card, which is on file with Google
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`for its “Google Play” App Store, to purchase some of the Dragon Ball Z Loot Boxes. Mei-Ling
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`Montanez is unsure but S.M. may also have made Loot Box purchases directly through their
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`smartphone network provider. S.M. still owns Dragon Ball Z and other Google-enabled games
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`which contain Loot Boxes. To the extent he plays these games in the future, he will be subjected to
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`Google’s predatory Loot Box scheme.
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`19.
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`Defendant Google LLC is a Delaware limited liability company with its principal
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`place of business and global headquarters at 1600 Amphitheatre Parkway, Mountain View,
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`California, 94043. Google is a global technology company that specializes in internet-related
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`services and products. Google developed, owns and operates the Google Play store and Android
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`operating system.
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`JURISDICTION AND VENUE
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`20.
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`This Court has diversity jurisdiction over the claims asserted herein on behalf of a
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`nationwide class pursuant to 28 U.S.C. § 1332, as amended in February 2005 by the Class Action
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`Fairness Act. Jurisdiction is proper because:
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`(a)
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`The proposed class includes more than 100 members, and many of the named
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`plaintiffs and class members are citizens of states that are diverse from the state of Defendants’
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`citizenship, the amount in controversy in this class action exceeds five million dollars, exclusive of
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`interest and costs; and,
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`(b)
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`Defendants have purposefully availed themselves of the privilege of
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`conducting business activities within the State of California, where Google has its principal place
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`of business; where its officers direct, control, and coordinate Google’s activities, and where Google
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`engaged in the unlawful conduct alleged herein.
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`21.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391, because a
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`substantial part of the challenged conduct or omissions complained of herein occurred in this judicial
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`district, and defendant caused harm to at least one of the named plaintiffs and numerous class
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`members in this judicial district.
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`INTRADISTRICT ASSIGNMENT
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`22.
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`Pursuant to Civil L.R. 3-2(c) and (d), assignment to the San Jose Division is proper
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`because a substantial part of the conduct which gives rise to Plaintiffs’ claims occurred in this district
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`and specifically in Santa Clara County where Google is headquartered. Additionally, Google’s
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`Terms of Service contain a provision in favor of this Division.
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`SUBSTANTIVE ALLEGATIONS
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`The Google Play “App” Store
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`23. Google creates and maintains a virtual online “store” where it makes available to
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`consumers various software applications (“Apps”) that are generally (but not exclusively) created
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`by other developers in an effort to increase revenues for the Company. These Apps are downloaded
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`by the consumer through Defendant’s “Google Play” App store, which itself appears as an App and
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`comes preloaded on mobile devices running on Google’s own Android operating system, including
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`the majority of Android smartphones and tablets.
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`24.
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`As of March 2020, the Google Play store features over 2.9 million apps – 95% of
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`which are free to download. In 2019, Google Play users downloaded 84.3 billion mobile apps
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`globally.
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`25.
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`The Google Play store is exclusively owned and operated by Google. It controls
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`which Apps are allowed in Google Play and maintains strict requirements and guidelines for App
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`developers who want to distribute an App via Google Play. Google Play contains hundreds of game
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`Apps which can be downloaded directly onto the Android device and played. Many of the Google
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`Play games are free, or very inexpensive to download.
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`26.
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`Google makes money through two methods of generating revenue from each game
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`that is downloaded through its Google Play store. First, if the developer charges a price for the game
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`itself, Google will receive a portion of the purchase price (30% of the total). Second, after the game
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`is purchased and downloaded, Google and the game developer entice the player to make in-app
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`purchases. Google receives 30% of all of these in-app purchases as well.
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`27.
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`Google does not act as a traditional “retailer” by re-selling Apps in its Google Play
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`store. Instead of buying Apps from the developers and reselling the Apps to customers at a profit,
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`Google places the developers’ Apps on the virtual shelves of its Google Play store, sells them
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`directly to Android smartphone and tablet customers, charges and collects the full price (set by the
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`developer) from customers, keeps its 30% of the customer payment from every sale or license, and
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`then remits the balance of the purchase price to the developer.
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`28.
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`Payment for the Apps, including all in-game purchases after the game is downloaded
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`by the consumer (e.g., Loot Boxes), is controlled entirely by Google. Using Google Play’s payment
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`system, the payments go directly to Google and, after Google takes its 30% of the total, the
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`remainder is distributed to the App developer. Thus, for every Loot Box sale in a game downloaded
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`from the Google Play store, Google receives 30% of the revenue before the developer gets any
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`money at all.
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`Loot Boxes Explained
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`29.
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`Google describes “Loot Boxes” as in-App mechanisms that provide users with
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`randomized virtual items from a purchase.
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`30.
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`In their paper entitled “Predatory monetization schemes in video games (e.g. ‘loot
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`boxes’) and internet gaming disorder,” Professors Daniel King and Paul Delfabbro provided the
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`following description of a Loot Box:
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`A loot box refers to an in‐game reward system that can be purchased repeatedly
`with real money to obtain a random selection of virtual items. The low probability
`of obtaining a desired item means that the player will have to purchase an
`indeterminate number of loot boxes to obtain the item. Loot boxes resemble
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`gambling slot machines because they require no player skill and have a randomly
`determined outcome (i.e. prize).2
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`31.
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`In the Google Play games, Loot Boxes can only be purchased by the consumer
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`through the Google Play-linked Android device. Loot Boxes are purchased using real-world
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`currency, usually through electronic means of entering a credit card number or using Google Play
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`gift card.3
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`32.
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`For example, if the player is using an Android smartphone, while playing the game
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`they can choose to make a purchase in the game itself. Doing so will take the player to a Google
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`Play store screen which will show the game, the player’s Google Play account identifying
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`information (such as an email address tied to the account), and confirm that the player wants to
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`purchase the item by requiring the player to press the “Purchase” button.
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`33.
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`Upon pressing the “Purchase” button, the amount of the purchase is immediately
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`charged by Google to the credit card number on file with the Google Play store. There is no
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`additional confirmation of any kind. A minor can accomplish the purchase without parental consent,
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`or even parental knowledge.
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`34.
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`To further entice consumers to spend real money on Loot Boxes, many of the games
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`use a “virtual” money system within the game. That is, instead of buying Loot Boxes directly for a
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`set dollar amount, the player must first purchase the in-game currency, which is then used to
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`purchase Loot Boxes. In-game currencies frequently take the form of expensive-sounding items like
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`“gems” or “gold coins” so the player feels they are getting something of value for their money.
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`35.
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`For example, in Mario Kart Tour the player is required to purchase “Rubies,” virtual
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`items that cost real money and appear as large red gems (i.e. each one looks like a ruby). Rubies are
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`then used to purchase a “Pipe” which is the version of the Loot Box style gambling mechanism in
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`that game. In Final Fantasy Brave Exvius, players spend money to purchase “Lapis Crystals.” In
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`King, Daniel and Delfabbro, Paul H., “Predatory monetization schemes in video games (e.g.
`‘loot boxes’) and internet gaming disorder,” Addiction, 2018.
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`3
`In some games, a Loot Box can also be “earned” by playing the game for a period of time
`or achieving some in-game goal (such as “experience level”).
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`Brawl Stars, kids are encouraged to spend money to purchase in-game “gems.” In Roblox, the player
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`spends money to purchase “Robux.”
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`36.
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`This intermediate level of virtual currency is designed to “disconnect” the player
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`from the concern that he is gambling with real money. According to the Brussels Gaming
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`Commission:
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`The use of points (coins) and especially their size are psychologically very
`sophisticated and aimed at creating a personal reality which is then disconnected
`from the real world. FIFA 18 teaches players to think in FUT currency and FIFA
`coins. . . .. In Overwatch and Star Wars Battlefront II, the value of real money is
`also fully disconnected from the value of the in-game currency, causing players
`to lose contact with the real value.
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`37.
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`The Loot Box mechanism relies heavily on the psychology of gambling – doing
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`everything possible to build up the player’s hoped-for win, tension, and excitement. For example,
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`in many games opening the Loot Box coincides with triumphant music, the Loot Box itself bursting
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`open with bright lights and colors. Yet this colorful animated system more often than not gives the
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`player disappointing items, and rarely does the player get exactly the item he wanted.
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`38.
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`These Loot Boxes are designed to create a slot machine effect, where even when a
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`player is not receiving the desired result – which happens frequently – there still exists a belief and
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`hope that the next Loot Box will contain the desired item(s). This is further reinforced when viewing
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`favorable results from other players opening Loot Boxes.4
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`39.
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`One researcher described the physical experience invoked by this Loot Box
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`mechanism:
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`Research by Kim (1998) found that waiting for the outcome of a gamble can activate
`the brain’s chemical reward system, releasing endorphins that create pleasure. In a
`gaming context, think of someone who really wants the Pharah Anubis skin in
`Overwatch. They buy five loot boxes and get excited during the big flashy box-
`opening animation. This excitement happens five times in a short space of time, with
`five flashy box-opening animations that are almost an event in itself.
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`4
`There are thousands of videos on YouTube.com of gamers opening Loot Boxes in many,
`many different games. See, e.g., video of opening FIFA Ultimate Team packs with over 14 million
`views at: https://www.youtube.com/watch?v=CX0OZtaQ_kQ.
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`Case 5:20-cv-03901 Document 1 Filed 06/12/20 Page 12 of 35
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`40.
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`Commenting on the Loot Box mechanism incorporated into videogames like the ones
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`at issue here, Hawaiian congressman Chris Lee noted that Loot Boxes “are specifically designed to
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`exploit and manipulate the addictive nature of human psychology.”
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`41.
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`Loot Boxes can contain numerous items, and the contents are ranked by order of
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`probability with terms such as: “Common,” “Rare,” “Epic,” and “Legendary.” According to
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`Google’s Developer Program Policies, each game developer must somewhere publish the odds of
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`winning a desirable item in any given Loot Box. See https://play.google.com/about/developer-
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`content-policy-print/ (“Apps offering mechanisms to receive randomized virtual items from a
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`purchase (i.e. ‘loot boxes’) must clearly disclose the odds of receiving those items in advance of
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`purchase.”). But, as Google knows, publication of the odds of winning do not deter slot machine
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`users, much less gamers including children who are unlikely to understand them.5
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`42.
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`Especially rare Loot Box items often come with long odds. For example, a
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`“Legendary” Brawler in Brawl Stars has approximately 0.30% probability of appearing in any
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`particular “Brawl Box.” Although there is no guarantee, obtaining a “Legendary” Brawler in this
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`game can mean buying hundreds of Loot Boxes at a cost of $100 or more, based on these
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`probabilities.6
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`43.
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`Through its Google Play store, Google sells and distributes dozens of games that
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`bring in hundreds of millions of dollars every year through the Loot Box gambling mechanism.
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`Below are six popular examples.
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`Example 1: Mario Kart Tour
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`44. Mario Kart Tour is a wildly popular and “free” animated kart-racing game released
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`by Nintendo in September 2019. Google gave it an “E” for “Everyone” age rating. Across the
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`See, e.g., Score Family Fun Ctr. v. County of San Diego, 225 Cal. App. 3d 1217, 1221 (1990)
`(rejecting the argument that the ability to calculate odds meant a virtual casino game was not illegal
`gambling: “this [odds] calculation does not predict, to the individual player, whether his particular
`ticket will win”).
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`6
`The probability of receiving a specific item from a Loot Box is referred to as the “drop rate.”
`Each Brawl Box provides 3 random draws, and each random draw has the same drop rate of
`approximately 0.1%.
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`Case 5:20-cv-03901 Document 1 Filed 06/12/20 Page 13 of 35
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`Google Play store and Apple App Store, Mario Kart Tour was downloaded more than 123 million
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`times during its first month, generating $37.4 million in player in-game spending during that time.
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`As of March 2020, Mario Kart Tour has been the number one app by overall downloads in 65
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`countries on Google Play. The console version of the game is banned in Belgium because of its Loot
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`Boxes. In Mario Kart Tour, the Loot Box mechanism is called a “Pipe,” which is a Pipe that shoots
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`out a random Driver, Kart or Glider which each have a level of rarity.
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`45.
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`“Rubies” are the main premium currency in the game. “Pipes” in the game are
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`purchased with “rubies.” Rubies, in turn, are purchased with money, in odd lots and on a sliding
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`scale. For example, the player can purchase 3 Rubies for $1.99 ($0.66 per Ruby), 23 Rubies for
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`$12.99 ($0.56 per Ruby), or 135 Rubies for $69.99 ($0.52 per Ruby). They can also be earned in
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`limited amounts through game play.
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`46.
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`By spending Rubies, the player can use the “Pipe” to unlock new and better racers
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`and karts. Pipes can shoot out a new driver, kart or glider, all of which have their own rarities.7 For
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`example, and depending on the Pipe, each Pipe contains a determined amount of “Normal,” “Super,”
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`and “High-End” items, all of which are chosen randomly within their class and rarity, plus a featured
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`driver, kart and glider. The items are not ordered, so each item can be potentially found in any
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`placement within the pipe. Of course, it is also possible – even likely – that a player obtains an item
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`from a Pipe that already has been obtained or that is simply not desirable. Below is a screenshot of
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`a player “opening” a “Pipe:”
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`Players can only view the odds of winning from each “drop” by tapping the “Details” button
`right before they open the pipe in the game.
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`47.
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`According to one video game critic who played the beta version of the game upon
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`its release to the public in September 2019, the Loot Box mechanics of the game are designed to
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`hook children into spending money on the game:
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`Mario Kart Tour locks its racers, karts and gliders behind a randomized, loot box
`system, where if you spend a couple of rubies you can get a green Mario pipe to fire
`out some new item, maybe one of those super rare characters you’ve been wanting
`or maybe that glider you need to get five stars on that same clone of the same course
`you’ve raced on five times already. There isn’t even a character I particularly want
`here, and yet I keep pulling this thing down and reveling in its “surprise mechanic”
`of an animation, hoping that whatever emerges from that glowing white ball will give
`me some sort of peace. Spoilers! It won’t.
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`And this is the beating heart of Mario Kart Tour, the reason that Nintendo turned its
`game into a morass of currencies, unlocks, XP bars and [loot box] mechanics. The
`reason is that they work: they give us a little dopamine drip in our brains that the
`developer can parcel out to push us towards buying rubies on our own rather than
`“earning” them by grinding through what is bound to be an endless series of samey
`races. All it needs to do is give you a few rewards for free before you’re hooked into
`that glorious feeling of pulling that pipe back: it’s why loot boxes in so many games
`have such elaborate animations and detailed sound effects: those loot boxes are the
`heart of the experience, and they need to hit your animal brain as hard as they can.
`And it works in Mario Kart Tour as well as any. I opened up the game to take a
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`Case 5:20-cv-03901 Document 1 Filed 06/12/20 Page 15 of 35
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`screenshot for this article and played a few races, throwing a few more arbitrary stars
`onto my totals.
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`I haven’t spent any money on Mario Kart Tour yet, and I don’t plan on doing so. I
`can hold out until Shadowkeep for Destiny 2 launches, opening up a much broader
`and more satisfying dopamine source. But oth