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New Zealand court rules poker is not gambling New Zealand court rules poker is not gambling

06-23-2010 , 11:53 AM
http://www.pokernews.com/news/2010/0...bling-8470.htm

To clarify, the ruling was in regards to television advertising for .net sites and poker tournaments.

“I do not agree that the way in which the APPT is structured amounts to gambling. It does not involve the payment of consideration based upon the outcome of the game. It involves the splitting of a sum of money derived from the payment of entry fees between the winning players. Although poker is usually associated with some form of gambling, because players do not make side bets on the outcome of each hand that element of wagering upon the outcome, or paying consideration or a stake, is not present”.
New Zealand court rules poker is not gambling Quote
06-23-2010 , 12:02 PM
Finally, a judge gets it!
New Zealand court rules poker is not gambling Quote
06-23-2010 , 12:06 PM
Good start.
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06-23-2010 , 12:26 PM
Quote:
Originally Posted by PokerXanadu
Finally, a judge partially gets it!
FYP. At least based on what is contained in the OP I'm not sure he did get it or, if he did, that he fully got it. The .net sites are obviously not gambling since there is no consideration. The quoted portion seems to make a distinction between tournaments and cash games with the ruling not being applicable to cash games.

Of course the laws in New Zealand may be significantly different than the typical US law.
New Zealand court rules poker is not gambling Quote
06-23-2010 , 05:25 PM
Quote:
Originally Posted by BigAlK
The quoted portion seems to make a distinction between tournaments and cash games with the ruling not being applicable to cash games
Yeah, LOL at tournaments being lower variance than cash games.
New Zealand court rules poker is not gambling Quote
06-23-2010 , 05:58 PM
Quote:
Originally Posted by funkyj
Yeah, LOL at tournaments being lower variance than cash games.
The opinion, from what little I can read of it in the linked article, is not a "skill v. chance" opinion so the relative variance of tournaments or cash games did not come into play.

What this judge essentially ruled is that the format of a tournament makes it different from gambling. He notes that winnings are paid from a set amount of entry fees paid by the players and that no one not playing gets any share of the pool.

Ultimately he is applying the "bone fide contest" exception which frequently appears in US law too. In other words, if you put up money on whether Tiger Woods wins the golf match, thats gambling; if you pay an entry fee and participate in the game/contest, thats not gambling.

If only US judges were so enlightened. But it is hard to imagine a US judge NOT also thinking: "but if I accept that logic poker tournaments will spring up everywhere! Think of the children!"

Skallagrim
New Zealand court rules poker is not gambling Quote
06-23-2010 , 06:47 PM
Quote:
Originally Posted by Skallagrim
The opinion, from what little I can read of it in the linked article, is not a "skill v. chance" opinion so the relative variance of tournaments or cash games did not come into play.

What this judge essentially ruled is that the format of a tournament makes it different from gambling. He notes that winnings are paid from a set amount of entry fees paid by the players and that no one not playing gets any share of the pool.

Ultimately he is applying the "bone fide contest" exception which frequently appears in US law too. In other words, if you put up money on whether Tiger Woods wins the golf match, thats gambling; if you pay an entry fee and participate in the game/contest, thats not gambling.

If only US judges were so enlightened. But it is hard to imagine a US judge NOT also thinking: "but if I accept that logic poker tournaments will spring up everywhere! Think of the children!"

Skallagrim
Skall, I agree with your last comment. Which is why I am afraid that the US is becoming a nation of men and not law. It is nice to know that New Zealand is a nation of laws. At least, there is one left in the world.
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06-26-2010 , 02:18 AM
Does this mean I'll have to start paying taxes on poker winnings?
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