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P2E Game Token: Security, Payment Instrument or In-Game Currency?
This article is about the tokens of play-to-earn (P2E) games, where players earn tokens and can withdraw them into money. It covers how US and EU regulators tell an in-game currency from a security and from a payment instrument, which features matter for that, and what a game studio should fix in its tokenomics and…
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Loot Boxes and Secondary Markets: When a Game Mechanic Becomes Gambling Under EU and US Law
The same mechanic, a paid random item, may be unlawful gambling in Belgium, fall under a separate regime in France when items can be monetised, and face no federal ban in the US, where the FTC (US Federal Trade Commission) and the states are nonetheless acting. The deciding question is whether the item can be…
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Play-to-Earn (P2E) or Gambling in Disguise? Key Legal Risks for Developers
A P2E project risks being treated as gambling if players pay in, the outcome depends on chance and the reward can be sold. Since 2021 the risks have gone beyond gambling: securities law, MiCA, loot box rules and app store requirements now apply too. We go through how to test a game against the gambling…