Take-Two Interactive Testified on NBA 2K Currency

The game publisher defended its virtual currency policies in a 2025 deposition for a class action lawsuit.

Updated on Sept. 21, 2026 in Basketball

Isometric editorial illustration of digital coin tokens on a metallic circuit lattice, representing virtual currency policy. — Take-Two Interactive executive Michael O'Dwyer testified in a 2025 deposition regarding class action claims over NBA 2K virtual currency ownership rights. AI Illustration. Upload story photo >

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Do you believe players should own the virtual items they purchase in digital video games?

Take-Two Interactive executive Michael O'Dwyer provided 2025 deposition testimony in a class action lawsuit regarding NBA 2K digital currency. The company maintained in court documents that players hold no ownership rights over virtual currency items.

Why it matters

The lawsuit challenges how game developers manage digital assets and whether players should maintain ownership of virtual currency across game versions. Take-Two argues that forcing a currency transfer system would prioritize developer resources away from new features.

A class action lawsuit was filed in 2023 challenging the company's virtual currency policies. Executive Michael O'Dwyer testified that no technical system exists to differentiate between earned and purchased currency.

The players

Take-Two Interactive

This American video game holding company is the parent organization of Rockstar Games and 2K, which publishes the NBA 2K series.

Michael O'Dwyer

He serves as a vice president at 2K and provided testimony regarding the technical and policy limitations of transferring in-game currency.

The details

Take-Two Interactive stated it does not distinguish between earned and paid currency to ensure all users start fresh in every release. The company maintained that its terms of service clearly define virtual currency as items with no player ownership rights.

A class action lawsuit was filed in California in 2023.
The company's terms of service defined virtual currency rights in 2024.
Michael O'Dwyer provided unsealed deposition testimony in 2025.
Court documents regarding the legal matter were publicized on September 21, 2026.

Season Trajectory

The litigation marks a critical legal juncture for digital asset ownership rights in the gaming industry. The outcome of this case may set a precedent for how major publishers handle virtual economies in annual sports game releases.

Players currently cannot transfer virtual currency balances between different annual iterations of NBA 2K. Consumers should expect that all virtual currency earned or purchased remains locked to the specific game version in which it was acquired.

The takeaway

Players should be aware that in-game currency does not carry over between annual sports game releases. Understanding the terms of service is essential for users before spending money on virtual assets in future game versions.