SAN FRANCISCO (Legal Newsline) - 2K Games is asking a federal judge to throw out a proposed class action lawsuit that complains players lose their virtual currency when old versions of games are retired.
Becca Wahlquist of Kelley, Drye & Warren submitted a motion to dismiss Feb. 2 in U.S. District Court for the Northern District of California. Judge James Donato is presiding over the case.
The lawsuit was filed late last year by J.A., a minor represented by his mother, against 2K Games and Take Two Interactive Software. The suit claims the defendants publish new versions of their sports games and that those who own the older version of the game lose their access to online play and use of the game's online features, plus their virtual currency purchased to increase the abilities of players.
Gamers lose their access to the funds that remain in the game wallets that can't be transferred to another game or redeemed, the suit says. It further alleges the defendants fail to give any warning that the gamers' currency will be destroyed, refuse to refund gamers, and that the defendants' actions are deceptive and unfair.
2K says the case makes a "novel argument."
"J.A. alleges that when the online game environment for an older game is retired, Defendants are committing conversion, theft and an unfair business practice because players would no longer be able to use any VC purchased for use in the online version of the game," the motion says.
"However, Defendants are allowed to make business decisions about how their games operate and in-game VC is a thing that exists solely within the confines of each of those games. VC is not Plaintiff’s property: instead, in-game VC are fictions created by game publishers, subject to the publishers’ terms of service and user agreements."
The motion says the plaintiff has not identified any argument that 2K must transfer the VC for use in other games and points to the Terms of Service and End User License Agreement to which gamers agree.
The EULA says VC is non-transferable.