"There are a million fraudulent, sinister ways to run the gaming industry at present we're trying every one of them."

Morrison stated that certain variations of the formula for lootboxes could comply with the legal definition of gambling in some states particularly as lawmakers in the US and elsewhere consider taking a harder stance on the current system with targeted legislation. While he said that some games might be closer than others--for example, players can sell the randomly awarded skins and other in-game items for Counter-Strike: Global Offensive or Dota 2 on the Steam marketplace--previous efforts to regulate this sort of activity were stymied by the fact that it's difficult to "cash out" of the store entirely, making the line between earning in-game items and converting them to cash less clear.

(You are able to sell your account to another site, such as Ebay however, doing so would violate any of the Steam Terms of Service.) "Let's not forgetthat legally you do not have ownership of any of these games. You own an authorization to play them," Morrison said. "You can't give all of your Steam library to your kids, it's not yours to gift, it's a non-transferable licence... As long as there's a well-tested economic model and I'm not seeing the companies spending any time trying to figure that out, unless the government decides to make them. There are a million infected, criminal ways to manage the gaming industry at present We're experimenting with all possible options."

Even though developers and observers alike can think about the ethical issues these "surprise mechanics" generate, other people within the field aren't as worried. According to Michael Pachter, managing director at Wedbush Securities and a long-time analyst of the gaming market the color-grading of virtual goods is merely an additional step to refine the concept of microtransactions down to a complete money-making algorithm. "It's nothing more than slot machine mechanics, but slot machines earn a lot amount of cash," the expert said. "Gambling works. If you're buying baseball cards or Crackerjacks and you gamble, it's gambling, as well. Color-coding is an elaborate way of saying"You've got an 2.5% chance to get the jackpot.' For some people I think that's a good deal."

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