Lawsuit Compels 2K to Clarify Lack of Ownership for NBA 2K Digital Currency Transfers
Every year, gamers invest in virtual currency for the latest NBA 2K title, only to find that when the next installment drops, their hard-earned or purchased VC (virtual currency) is left behind. This ongoing issue is central to a 2023 lawsuit against 2K, which alleges that this practice amounts to theft. Recent court documents reveal insights from company executives explaining why players can’t carry over their currency, while also clarifying that players don’t actually own the VC.
According to reports, 2K and its parent company are facing a class action lawsuit filed in California three years ago by a minor named J.A., with support from his mother and legal counsel. The suit claims that Take-Two is effectively stealing from players by not allowing them to transfer VC from one NBA 2K game to the next. Take-Two has denied these allegations. In a deposition from 2025, NBA 2K’s vice president of production management, Michael O’Dwyer, provided some reasoning behind this policy.
“There are many reasons for that,” O’Dwyer stated. “First and foremost, there is no technical solution in existence.”
Take-Two’s legal team also referenced the terms of service that players agree to when they purchase and play the game. Hidden within the lengthy document, which J.A.’s lawyer described as “overly harsh, unduly oppressive, and unfairly one-sided,” is the assertion that VC is classified as a “virtual item.” The terms of service from 2024 specify that players agree they have no ownership or rights to any Virtual Items or their Account.
O’Dwyer highlighted another significant reason for the inability to transfer VC.
“We want every new game that we release to be a completely fresh start where every user, whether they’ve played before or are new to the franchise, has an exactly equal opportunity,” he explained.
He further elaborated that allowing players to carry over purchased but unused VC would require distinguishing between what’s earned and what’s bought. In NBA 2K, players can earn VC through gameplay, but purchasing VC is a quicker route to upgrading characters and acquiring cosmetic items, making it a major (and often contentious) aspect of the game. While it could be technically feasible to separate earned from purchased VC, Take-Two is not interested in pursuing that route. “That’s not something we philosophically want to do.”
O’Dwyer acknowledged the significant effort it would take to implement such a change, which would detract from other development priorities. “We don’t even think the player benefit is there, so we don’t want to do it.” When asked if 2K could create a new system to differentiate VC, he responded, “We’ve never actually tried to make this change or had the desire to make this change.” He added that it would require a “complete redesign of a very complex game.”
In summary, according to the company, players don’t own the digital games they purchase, nor do they own the virtual currency within those games. This situation sheds light on the ongoing frustrations surrounding digital game rights, especially as the industry evolves. The lawsuit is still in progress.
