Author: Shao Shiwei

Xiaobai Navigation

Preface

Under my country's policy and regulatory environment,BlockchainFrom a compliance perspective, game entrepreneurs need to be careful to avoid gambling-related risks.

The Supreme People's Procuratorate clearly stated in a press conference held on November 29, 2021 that "The application software suspected of gambling has a notable feature, which is that it has a related cash withdrawal function. ”

The basic mode of blockchain games is “play to earn”, which means that players can earn in-game currency by playing games.Token,Token可兑换为泰达币等虚拟货币，且大部分链游用户也并非为了玩游戏，实际就是为了将链游中的Token低买高卖套现make money.

So, based on the above description of the Supreme People’s Procuratorate, does it mean that the “play and earn” model of blockchain games naturally has the characteristics of gambling? This article discusses this.

Cases of gambling-related blockchain games

Fomo3D, which has attracted 70 million yuan in revenue in 16 days, is a game based on the Ethereum network. The core gameplay is "auction". Every bid by the player will refresh the game countdown. The last bidder will receive 48% of Ethereum in the bonus pool. This "big fish eat small fish" game is said to have a turnover of 170 million yuan in one month.

Biggame——The first case in China to useBlockchaincontractA case of opening a casino through technology. An app developed by domestic personnel. Users install EOS tokens.walletAfter exchanging RMB for EOS coins, the app provides a variety of gambling games for players to bet on.

What kind of games are gambling?

There is no clear provision in Chinese law regarding what kind of online games constitute gambling crimes.. But we can sort out and summarize through relevant laws and policies.

According to the Notice of the General Office of the Ministry of Culture on Issuing the "Guidelines on the Supervision and Enforcement of Virtual Currency in Online Games" in 2020, the main differences between ordinary online guessing games, online games containing gambling content, and online gambling games are as follows:

From this table, we can conclude that if aOnline games involving gambling should have three key points at the same time:

1. Participation prerequisite: Users need to pay to purchase props/game coins on the platform

2. Expression: The gameplay is accidental, and users participate in the game by "risking a lot with a small investment", and there is a possibility of loss.

3. Profit Result: Users withdraw cash directly or indirectly and obtain legal currency

How to determine whether blockchain games involve gambling?

Based on the above three points, we analyze the characteristics of blockchain games.

1. Pay to purchase props/game coins on the platform.

Most blockchain game platforms require users to pay to purchase items or tokens on the platform.exchange(Binance, OKEX, etc.), use legal currency to purchase virtual currency; then downloadwallet（TokenPocket、MetaMask等），将所购买的虚拟货币转移到wallet中；在链游中连接钱包后，可以通过钱包在平台内购买道具或代币。

Even if a small number of blockchain games are declared free at the beginning, it is a promotion to attract users. Later, in order to have a better gaming experience, users still need to spend money.

2. You can withdraw directly/indirectly to obtain legal currency.

In foreign blockchain game projects, users can use NFT or game tokens in the platformexchangeCash withdrawals are in the form of virtual currency. In China, due to my country’s policy on virtual currency, virtual currency is not legal tender and is a virtual commodity. According to relevant laws and regulations on games [1], “game points trading, exchange or disguised exchange of cash or property in the form of “virtual currency” is not allowed.”

Therefore, for domestic blockchain games, if the tokens issued within the game can be exchanged for virtual currency (downward points), then combined with the above-mentioned feature 1 (inward points), it will have the characteristics of upward and downward points of gambling crimes.

3. How to play: accidental, small risk for big gain, possibility of loss.

Currently, the types of blockchain games can be mainly divided into: development, simulation management, sandbox, card, mining, competition, etc. Different categories cannot distinguish whether the game involves gambling. It still depends on the specific gameplay of the platform.

For example, in games such as blind boxes and lotteries, the user's victory or failure is largely accidental. If the value of game props obtained by users through paid lotteries varies greatly and there is a possibility of loss, the gambling risk is high.

Attorney Mankiw recommends

Due to the domesticBlockchain, the laws and regulations related to the Metaverse are not yet sound, and the relevant policies have a negative attitude towards virtual currency and mining. If the project party plans to launch blockchain game products in China,Be sure to strictly control legal process risks before and after the product is launched.

Before going online, a strict risk assessment of the game mechanism is required to prevent gambling risks;

After going online, it is necessary to monitor product data regularly to prevent users from taking advantage of platform loopholes to gamble;

In addition, we must pay attention to user complaints and reports, and once related gambling-related activities are discovered, we must make timely optimization and improvements to our products.

The article comes from the Internet:How to avoid gambling when playing blockchain games that earn money?

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