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“Part of the reason is economics. When games take months and significant money to develop, people naturally become risk-averse. Building on something that already works becomes the safer option.”

For Curwen, tackling the problem therefore means changing the risk-reward equation behind game creation. If creators can develop and test ideas more quickly and at significantly lower cost, an unsuccessful experiment becomes less consequential – and taking a chance on something genuinely different becomes easier to justify.

“Technology changes the equation,” he says. “If we can make development faster and significantly more cost-efficient, creators can afford to experiment again.

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Japan’s path to IR legalisation was not straight forward. The IR Promotion Act, which set Japan on the road to casino-integrated resorts, was passed in December 2016 after a contentious debate. Nearly two years later came the IR Implementation Act, which laid out the regulatory frameworks for casinos, from entry restrictions to measures addressing gambling addiction and other social concerns. Yet even as the government pitched IRs as a catalyst for tourism, regional development and economic growth, opposition remained aggressive.

Among the opposing forces was Kenji Eda, a prominent House of Representatives lawmaker from Yokohama and a senior figure in the opposition Constitutional Democratic Party of Japan. Eda has been a vocal critic of the government’s IR push, raising concerns over gambling addiction, the economic impact on local businesses and whether the casino-led model would deliver the promised benefits.

The prospect of international operators snapping up Japan’s coveted IR licences gradually lost its lustre, as the likes of Wynn Resorts, Las Vegas Sands, Genting Singapore and Caesars Entertainment balked at the demanding regulatory framework, hefty investment requirements and uncertain returns.

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It could, therefore, take quite a bit longer than the timing of the initial filing indicates. The CFTC would have to publish its action and solicit public comment after White House review before writing a formal proposed rule. Any final rule would have to undergo another review and comment period before it could take effect. 

The distinction matters for crypto businesses. The filing shows regulatory work is moving forward, but exchanges and other market participants cannot yet consider it a set of rules they must adhere to. 

The CFTC’s move also comes as other US regulators continue to craft their own crypto policies. The agency and the Securities and Exchange Commission (SEC) jointly issued an interpretation in March on how certain crypto assets would be treated under federal securities laws.