FIFA, a lottery that does not say its name?
This is the opinion of Maître Karim Morand-Lahouazi and Victor Zagury, criminal lawyers specializing in new technologies.
More specifically, they want his "
Ultimate Team
"
mode
.
According to them, this version of the football game developed by Electronic Arts (EA) is a gambling game disguised as mainstream entertainment.
In June, the lawyers filed a complaint with the constitution of civil party for "
deceptive commercial practices
" and "
prohibited lottery
".
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Born in 2009, the "
Ultimate Team
" version of FIFA (FUT) has become, in a little over 10 years, a real "
goose that lays golden eggs
".
Praised by players, this game mode represents "
nearly a third of Electronic Arts turnover, for all of its games,
" argues Karim Morand-Lahouazi.
A "
substantial part
" of the income generated by Ultimate Team "
comes from the variation of this mode in FIFA
", adds the site jeuxvideo.com.
For laymen, the "
FUT
"
mode
allows you to create your team and develop it through "
loot boxes
" - include "
packs
" containing player cards, jerseys, stadiums, etc.
“
They do not all have the same value.
There is a hierarchy according to the reputation of the player
”, explains Victor Zagury.
The content of the pack is completely random.
“
The group does not give any information on the chances of winning rare cards.
There is, moreover, no restriction for minors
”, regrets the criminal lawyer.
To obtain the famous
surprise
“
packs
” and build their team, players pay in “
FIFA credits
” - a currency that is obtained by “
winning matches or reselling cards
” - or in “
FIFA points
” - purchased , meanwhile, online, with real money this time.
The "
Drop boxes
" cost 1-25 euros and contain 12 to 30 items.
At this point, it's hard to blame Electronic Arts.
Nothing forces users to go for the "
FUT
"
mode
and, even if they choose, they are not forced to get the famous "
packs
".
It is possible to play without spending, also recalls the American giant, interviewed by
Le Figaro
.
“
Purchases are completely optional.
There is no advantage in buying '' FUT Packs '' rather than earning them,
”assures the group.
Where the shoe pinch, according to the two lawyers, is that it is difficult, if not impossible, not to spend anything if you want to evolve in the game. "
Even being good technically, there is a ceiling of glass.
For some competitions, for example, it is impossible to qualify without having a team worth 10,000 to 50,000 euros.
When you
reach
a certain level, you either pay or stagnate,
”illustrates Karim Morand-Lahouazi.
“
FIFA users dream of playing with soccer stars.
However, a victory represents 500 "credits".
Mbappé, he costs 1.5 million '' credits '' and Ronaldo between 10 and 15 million.
You would have to spend your life playing to afford a legend,
”adds Victor Zagury.
"
Some of our complainants have put 5-figure sums in the game. Electronic Arts deliberately creates frustration to generate an addiction,
" he continues.
A speculative bubble
For lawyers, the group could even have gone further than the simple hidden lottery.
“
We wonder if there is not a use of personal data to encourage users to get their hands on the wallet
, they indicate.
If the algorithm knows that a player is used to buying a pack after three losses, all they have to do is make them face better performing players the number of times necessary.
However, we cannot confirm this because we do not have access to this algorithm
”.
Even more, "
FIFA Ultimate Team
" mimics the codes of the stock exchanges.
Indeed, the success of the "
FUT
"
mode
is due to the updating of the game over the national and international football meetings.
Concretely, the rating of footballers is indexed to their real reputation.
A very ephemeral market, since “
each season, the counters are reset
”.
"
Moreover, at the start of the year, EA offers professional '' gamers '' a certain number of points worth several thousand euros so that they can start building their teams,
" explains Karim Morand-Lahouazi. .
An application has even been developed to allow users to manage their “
portfolio
” of players according to “
market developments
”.
Some "
gamers
" with value cards go so far as to sell their FIFA account on Ebay.
“
Although it is prohibited, they are not banned by Electronic Arts.
There are accounts for 200 to 600 euros,
”says Victor Zagury.
A "FUT" account for sale at 500 euros on Ebay.
Le Figaro
The two lawyers also suspect the video game giant of injecting rare cards into the "
transfer market
" - understand, financial market version FIFA.
“
Sometimes, non-existent cards (which were not released in any pack, Editor's note) appear suddenly.
This could be a way for EA to regulate the market and above all to prove that they do indeed fall into “surprise” packs
”, supposes Victor Zagury.
An additional purchase incentive.
"
The problem is that it is impossible to know the identity of the seller,
" adds his partner.
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Karim Morand-Lahouazi and Victor Zagury are the first French to attack the American giant.
“
It's a David vs. Goliath fight.
We are attacking an empire
, sighs the first.
It is very difficult to make our voice heard because many players (players, clubs, etc.) are contractually linked to EA
”.
"
It is an unbearable system which forces lawyers and small consumers to do a job which is not theirs,
" protested his colleague.
Victor Zagury is angry with the National Gaming Authority (ANJ), which he said takes a "
wrong look at the case
".
"
We firmly believe that nothing in our games constitutes a game of chance,
" argues, for its part, Electronic Arts.
For the time being, the “FUT” mode has been banned in Belgium and the Netherlands for its random nature.
Collective action is underway in the United States.