I can see SOME logic here but not the ones the game companies would want.
- The content of a loot box like a skin replacement or a 3d model replacement could be seen as art.
- The sale of a "box" with the randomized loot of a group of skins with odds of getting X/Y item is NOT art, that is gambling.
So yes, label the CONTENT of a box as art as much as you like but you cannot say the act and mechanics of selling a loot box and the mechanics of odds are art.
You could even say the 2d or 3d art of said representation of the loot box is art but that would be like saying that the packaging of a twinkie is "art" and not a wrapping.
- The content of a loot box like a skin replacement or a 3d model replacement could be seen as art.
- The sale of a "box" with the randomized loot of a group of skins with odds of getting X/Y item is NOT art, that is gambling.
So yes, label the CONTENT of a box as art as much as you like but you cannot say the act and mechanics of selling a loot box and the mechanics of odds are art.
You could even say the 2d or 3d art of said representation of the loot box is art but that would be like saying that the packaging of a twinkie is "art" and not a wrapping.