After taking a look at the Act, the 'gambling' games on MCNR fall within:
* s.6 (games of chance, excluding sports-based games which is likely to include horse betting under the act due to s.6(2)(iii)(b));
* s.7 (casino games), and
* s.14 (lotteries).
The enforcement of the Act is generally undertaken by the Gambling Commission, who have released a position and discussion paper on this matter: https://www.gamblingcommission.gov.uk/licensees-and-businesses/guide/page/digital-and-virtual-currencies
It seems from the position paper, that the Gambling Commission's position on virtual currencies/in-game items would not lead to enforcement action if in-game items do not acquire a monetary value where they can be traded or exchanged for money or money's worth outside a video game:
3.8 In our view, the ability to convert in-game items into cash, or to trade them (for other items of value), means they attain a real world value and become articles of money or money’s worth. Where facilities for gambling are offered using such items, a licence is required in exactly the same manner as would be expected in circumstances where somebody uses or receives casino chips as a method of payment for gambling, which can later be exchanged for cash.
In addition, there is existing case-law which may provide some guidance on this matter (the FutGalaxy case): https://www.gamblingcommission.gov.uk/news/article/two-men-convicted-after-offering-illegal-gambling-parasitic-upon-popular
Based on the previously mentioned Gambling Commission papers and FutGalaxy case, I believe the 'gambling' games on MCNR would be allowed if there was absolutely no way of trading in-game money for real-life cash. The above FutGalaxy case involves third-party websites that specialise in trading FIFA coins for real money, which simply does not exist with MCNR's community. In addition, MCNR itself does not sell in-game cash in return for real-life money.
However, difficulties arise as there is 'under the table' trades where users do sell in-game cash in return for monetary value, using sites such as PayPal. In addition, MCNR does not prevent users from trading in-game currency for real-life currency as there is no rules against this.
So, what can we do?
* A loot box system may be a good work-around for players that are under-18: https://commonslibrary.parliament.uk/research-briefings/cbp-8498/
* A rule against trading in-game cash in return for monetary value, including administration action where detected is likely to put MCNR in a better position regarding gambling
i need help
