I don’t consider it as gambling since the rewards is an in-game item which just happened to have a value set by the players who is willing to pay for that item due to its rarity.
This is same when buying pokemon cards booster park which collectors doesn’t know what inside and can sell rare cards in the open market.
If lootboxes categorize already as gambling then all gatcha type game that has real fiat value will fall to that same category.
It is actually gambling if you look it on a bigger and wider angle.
You can receive loot boxes and crates in-game but in order to open them, you have to purchase the "key" on Steam for $2.49 each. Now these loot boxes contain rarity of guns that differ on the percentage of getting them. Obviously, the rarer the gun, the harder it is you would be able to get them.
Just to add also, you can trade these in-game items and crates for money online. There are also numerous betting websites involving these guns that you can get from crates and other websites that directly purchase these guns for real-life currency.
Now, let's have a checklist to determine if it does contain some elements of gambling:
- Contains loot boxes that can only be opened by real-life currency? CHECK;
- Opening boxes gives you a random rarity of skin which ranges from common to extremely rare? CHECK;
- Element of risk is present? CHECK; and
- Skins can be traded to real-life currency? CHECK
I think it's quite obvious that there is indeed gambling inside some games made by Valve. It's a difficult pill to swallow and it will depend on the prosecution on how they would establish these elements to make out a case of illegal gambling.