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"Virtual Currencies Are Fictions", Take-Two Claims in Microtransaction Theft Lawsuit

NBA 2K publisher doesn't agree it's stealing from players.

Image credit: Take-Two | NBA 2K24

In-game purchases jumped to another level with a class-action lawsuit against the NBA 2K publisher Take-Two, but don't worry, they actually don't exist, at least according to the company.

The lawsuit accuses Take-Two of stealing players' money by not transferring virtual currencies (VC) from previous games in the series to new ones when the studio shuts down servers. 

"By removing Plaintiff and the Class members’ VC, Defendants took and stole their personal property, or fraudulently appropriated property that had been entrusted to Defendant," says the suit filed in federal court in November (via VGC).

However, Take-Two disagrees. "VC is not plaintiff’s property," its lawyers responded, according to Game File. "Instead, in-game VC are fictions created by game publishers, subject to the publishers’ terms of service and user agreements."

Indeed, Take-Two's license agreement states that virtual currency and virtual goods are not refundable, transferable, or exchangeable, and players have to agree to the terms before using the company's property.

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