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You start the software and play with something that you are not allowed to have according to ToS. What the hell does it matter if youre not using the software the moment you get them. You are breaking ToS when you start it and play.
Well, my point is that you can buy them, analyze them but not use them during play (you can for example have them on different computer and only use kosher ones when playing).
I think that to cheat in the game you need to break the rules of said game while playing it and that ToS is not binding for w/e you do when not using the software.
They can terminate the account if they don't like it (but they can do it for w/e or no reason at all anyway) but it's not cheating (so you are not breaking any laws and they can't seize your funds).
Again, it would be nice to hear some lawyer opinion about it but I can't imagine that you can put things unrelated to the software use in ToS and have any chances of enforcing it in court.
The problem is, those rules are completely unenforceable and there is huge incentive to break them along with 0 risk of being caught (well, unless you load them up in your HUD and make a video which you then make public).
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Horrible site, scumbag users. PokerStars need to ban players who are using them. If they would want it would be easy to figure out whos using it by simply getting access to it themselve. BUT they wont do it because they make a huge ****ing profit of those regs, so its okay if they cheat.
Well, I buy hands, put them on my laptop, analyze them. I then play from my main computer. How can they possibly do anything about it?
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In terms of our efforts to curtail this behaviour, we have and continue to pursue legal avenues against commercial datamining services. In addition, we monitor and take action against individual dataminers which includes but is not limited to warnings, account closures or confiscation of funds.
What about simple step:
Don't allow observing the games without logging in. It can be extended to allowing it only for accounts which have made at least one deposit.