Take-Two Defends Virtual Currency Policies in Gaming Lawsuit
New York, Tuesday, 22 September 2026.
In ongoing legal proceedings, video game publisher Take-Two Interactive defended its policy blocking virtual currency transfers, asserting that players do not legally own in-game digital assets.
Legal Ownership and Virtual Assets
Take-Two Interactive (NASDAQ: TTWO) asserted in court documents that consumers possess no legal ownership rights over in-game virtual items or currency [1]. This defense emerged during ongoing proceedings related to a class-action lawsuit filed in California in 2023 by a minor plaintiff identified as J.A. [1]. The plaintiff alleges that the publisher engages in theft by prohibiting the transfer of Virtual Currency (VC) between annual iterations of the NBA 2K franchise [1]. As of 22 September 2026, the lawsuit continues to proceed, highlighting growing legal scrutiny surrounding microtransaction models [1]. The case has been active for approximately 3 years, marking a significant period of legal contention [1].
Technical Limitations or Strategic Choice
In a deposition from 2025 and testimony on 18 September 2026, Take-Two executives defended the policy by citing technical limitations [1][3]. Michael O’Dwyer, NBA 2K vice president of production management, stated under oath that “there is no technical solution in existence” to enable VC transfer between game versions [3]. Executives noted that differentiating between “earned” versus “paid” VC is technically possible but stated the company has no intention of implementing such a system [1]. This testimony was provided during the ongoing legal proceedings in September 2026 [3].
Consumer Impact and Economics
This policy forces players to restart their progress in each new title, with servers for NBA 2K games typically shutting down approximately 2.5 years after release [3]. At that point, any unspent VC held by players is permanently lost [3]. NBA 2K26 pricing starts at $70, with Deluxe Editions costing upwards of $100, meaning players invest significantly without carrying over value [3]. The financial impact accumulates over the lifecycle of the game series [2].
Industry Context and Future Outlook
Broader industry shifts are occurring, with Sony planning to discontinue physical discs for all PlayStation games starting in 2028 [1]. This move towards fully digital ecosystems amplifies the importance of virtual asset ownership debates [1]. Take-Two’s stance suggests a continued prioritization of live-service revenue streams over cross-generation compatibility [1]. The resolution of this lawsuit may set a precedent for the broader interactive entertainment industry [1].