REGULATING MONETIZATION and GAMBLIFICATION IN VIDEO GAMES: THE CLASSIFICATION–FUNCTION MISMATCH IN DIGITAL MARKETS
Jan Ivern, Xavier Carbonell, Mark D. GriffithsThe present article provides a comparative doctrinal analysis of monetized video game features subject to regulatory and judicial review in Europe, the United States, and China. It examines monetization infrastructure, including virtual currencies, payment architectures, and engagement-pressure mechanisms, alongside gamblified systems, including loot boxes, social and sweepstakes casinos, skin gambling, play-to-earn models, and user-generated gambling. Across jurisdictions, these features raise convergent concerns regarding consumer protection and minors’ financial exposure, yet are governed through divergent legal frameworks spanning gambling, consumer protection, financial, and digital law. This divergence reflects a classification–function mismatch, in which legal frameworks anchored in formal categories struggle to accommodate hybrid monetization systems, producing fragmented and inconsistent enforcement. The analysis clarifies current doctrinal positions and identifies areas of continuing ambiguity, particularly regarding virtual value, asset tradability, and platform responsibility, situating video game monetization within broader challenges in regulating digitally mediated markets.