According to 2K, NBA 2K Players Do Not Have Ownership Rights to Virtual Items

NBA 2K has been at the center of a class-action lawsuit since 2023 over the inability to transfer virtual currency (VC) from previous games to new releases. The lawsuit alleges that Take-Two’s failure to transfer virtual currency purchased but not used by players to new games is unfair. Newly released court documents explain why this system hasn’t changed and how the company views the ownership of virtual assets.

NBA 2K Players Have No Ownership Rights Over VC

2K and its parent company Take-Two point to the terms of service that users agree to. The 2024 terms define digital content like VC as “virtual assets,” stating that players do not have ownership or similar rights over these assets or their accounts. The plaintiff argues that these terms are unfair and one-sided.

Michael O’Dwyer, Vice President of Production Management at NBA 2K, says one of the main reasons VC (Valentine’s Earnings) isn’t carried over between games is due to the technical structure. According to O’Dwyer, there isn’t a ready-made solution for this in the current system, and purchased VC needs to be separated from VC earned through gameplay.

Another reason is that the company wants to offer players a level playing field in each new NBA 2K game. 2K states that they don’t want users who brought in large amounts of VC from previous games to have an advantage over newcomers. Therefore, redesigning the current system from scratch isn’t the company’s preferred approach.

O’Dwyer also states that such a change would require significant development time and resources, and 2K doesn’t believe it would provide sufficient benefit to players. The lawsuit is still ongoing. Therefore, the court will have the final say on how purchased VC in NBA 2K should be legally assessed.

Read More: Marvel’s Wolverine May Have Been Censored in Some Regions