I don’t think so on the gambling point. Diablo III potentially generates items which you can sell, but it’s no different to what you were doing in Diablo II; it’s just that the process of selling the item is formalised through Blizzard. When you place the item in the Auction house – from what I understand – you set the price and Blizzard takes a cut.
If you were expected to repurchase Diablo III each time you played through, pay a subscription fee, had a random price attributed to the item by the Auction House or were able to buy “drop modifiers” that might increase the rate of rare item drops without a guarantee of a defined and fixed rate of return, it would likely be considered gambling.
With regards to tax – well, that’s a completely grey area. How does one tax digital items? Are you selling items from your location, or are you selling items at the server’s location? What tax laws apply? Possibly some MyGaming journalist could dig/comment into/on the topic, it would be interesting.
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I don’t think so on the gambling point. Diablo III potentially generates items which you can sell, but it’s no different to what you were doing in Diablo II; it’s just that the process of selling the item is formalised through Blizzard. When you place the item in the Auction house – from what I understand – you set the price and Blizzard takes a cut.
If you were expected to repurchase Diablo III each time you played through, pay a subscription fee, had a random price attributed to the item by the Auction House or were able to buy “drop modifiers” that might increase the rate of rare item drops without a guarantee of a defined and fixed rate of return, it would likely be considered gambling.
With regards to tax – well, that’s a completely grey area. How does one tax digital items? Are you selling items from your location, or are you selling items at the server’s location? What tax laws apply? Possibly some MyGaming journalist could dig/comment into/on the topic, it would be interesting.