Quote:
Originally Posted by Gzesh
That is not quite what the Petition said.
There was a lot of complaining about how unfair the AG was to spring this on DK. Then a lot of stuff about how "skill" was key in deciding whether a "game" was legal..
But, unless the Court distinguishes DK players' activities from traditional sportsbetting, there is a problem.
DK cannot deny that offering sportsbetting is illegal under the NY law cited by the AG. So, basically it argues that making its offering a "game" avoids sportsbetting laws, and "skill" games are not gambling.
I hope DK wins a court decision that NY gambling law re picking sports winners avoids coverage on the basis of "skill", an essential element of sportbetting btw.
I think what you have been saying is that, regardless of whether or not DFS itself is a skill game, when money is on the line, it's clearly still gambling according to the law. In NYS it's perfectly legal for people to be gambling, but explicitly illegal to operate/promote an unlicensed gambling business.
This article from 2013 about a NY appeals court ruling on texas hold'em being a skill game seems to completely back up that logic.
""The language of the statute is clear," the Second Circuit said, noting that New York law defines gambling fairly broadly as games that involve a material degree of chance and allows for federal claims...
The appeals court also said the "game of skill" argument put forth by the defendant "improperly conflates the important distinction between gambling, which is not prohibited by the IGBA, and operating a gambling business.
The ruling probably boils down to an unstated premise that playing poker for money is popularly considered gambling, and not much more is needed,"... "The judges, of course, do not put it that way, but they may as well have. None of them were willing to write an opinion that poker-for-money is not gambling.""
http://www.law360.com/articles/46320...nd-ny-reversal