Quote:
Originally Posted by JPFisher55
No, not necessarily. The witnesses would have to a lot of poker experience. But I have read posts from people claiming to be professionals who play live poker and win, but claim to lose online; often in streaks of numerous bad beats. If such a person testified about such streaks (especially with a record of such streaks from a tracker program) and then testified that a similar streak had never happened to them in live poker, this testimony would be accepted as evidence for a jury to consider.
How would they look when the other side then puts up the stats experts that show billion hand studies which refute what these guys claim are "bad streaks" without any actual documentation or proof?
You think a poker player is actually a profession that would inspire innate trust in a jury?
Quote:
Originally Posted by JPFisher55
Remember the post by Mr. Dusty Schmidt about FTP which was linked in a previous post in this forum. His testimony about his experience at FTP would likely be accepted as evidence for a jury to consider in a trial considering if FTP was rigged.
He had no evidence and later on pulled that blog because it was basically an emotional vent (don't confuse genuine riggies with bad beat whiners).
He also has a colorful personality in this industry that might not work with a jury quite as well as you might think. I seriously have no idea why you think if he testified that would even help the case.
Quote:
Originally Posted by JPFisher55
Such testimony would shift the burden of proof to the site to prove that its deal was fair and random. Only an audit of hand histories by a third party auditor who testifies in court about such audit would likely suffice for a judge to rule that the site conclusively met such a burden and that no reasonable jury could conclude that it was not rigged.
Pretty sure the various audits the sites have done as well as the many huge hand studies might be a bit more convinving.
Let's see - on one side you have Pokerstars showing
http://www.pokerstars.com/poker/rng/
the details of their Cigital studey and if they are in a festive mood they can link spadebidder's billion hand study.
On the other you have a dude semi-known in the poker world (but totally unknown outside it) saying he thinks beats happen more often then live games.
I am pretty sure I know which side will win.
Quote:
Originally Posted by JPFisher55
And a jury could reject such an audit and find that a site is rigged unless the judge ruled that such evidence meant that no reasonable jury could find that it was rigged. I would hope that with such an audit presented as evidence that a judge would rule that a jury could not find the site to be rigged and end the case in favor of the site. Unfortunately, judges often refuse to make such rulings no matter what the evidence which is why the US legal system resembles a lottery. For certain, without such an audit, a site would have a difficult case refuting such oral testimony by reliable witnesses of odd or unusual deals of the cards in the experience of the witness.
Go to any legal forums and post your theories there and see what they say on the matter. I suspect you will not get the answers you believe in.
Quote:
Originally Posted by JPFisher55
So if the right witness testifies about such "patterns," very unusual bad beat streaks or other experience that suggests that a site's deal was not fair and random, then in a US court, the site better present very strong evidence to prove that its deal is fair and random. Just a report by a company that the software provided to it by the site was a fair and random RNG would be easy to refute by asking the company's rep if the company verified the use of such RNG and how it did so. The all in analysis would certainly be valid evidence for a site, but not conclusive, because the preparer of the all in analysis would have to admit that it covers very few of the hands dealt by the site.
On the one side are the sites with studies done by respected institutions.
On the other is a poker dude nobody in the jury has ever heard about talking about bad beats.
This even assumes that the one side puts on a poker player to talk about patterns, but I doubt that any lawyer would even do that and even if he/she tried it likely would not be allowed in because it has no basis in fact.
Quote:
Originally Posted by JPFisher55
In sum, Monteroy, in a US court, some jurors are going to be more like BR than yourself or Wiki. At best, you can expect jurors to be like TPTK27. Ditto for the judge. So arguments like no one out of millions of players has ever presented statistical evidence that any site is rigged, thus no site is rigged is not likely to prevail in a US court or even convince a judge that no reasonable jury could conclude that a site was rigged. This is just one reason why no site has located in the US, or UK.
I hate to break it to you but most of the population has absolutely zero opinion about online poker with regard to whether it is rigged or not.
Your whole foundation of beliefs is completely flawed, because how can any jury system function under them. How can any criminal get a fair trial when many jurors might have strong opinions about 9/11 or Bernie Madoff?
Quote:
Originally Posted by JPFisher55
It is also why, I have told you that I would trust any site located in the US, subject to US jurisdiction and licensed by a state of the US. The government regulators insist on the site maintaining internal controls and data to show that their deal is fair and random, it will insist on access to such data and a periodic audit of such data by independent parties. In addition, all such US sites will keep such data to prove in a court of law that their deal of the cards is fair and random.
Your trust will fade when you lose with aces a couple times in a row. You will start to wonder if the government is not regulating it properly or if they are in on it or some other variation.
Even if somehow you do get comforted the fact is nearly every other riggie you see here will still think the US rooms are rigged, and new riggies that think the US government is evil will create theories around them as well.
I dare you to ask a 9/11 zealot if he agrees the online poker industry will be saved by US legislation.
Quote:
Originally Posted by JPFisher55
No existing online poker site has ever met such a standard. They are not required to do so by their current regulators. This failure combined with the poor behavior of companies like Cereus, FTP and even Poker Stars (it committed bank fraud in the US) causes me and others to question their credibility in the issue of fair and random deal of the cards.
Then don't play there. That is the power you have as a consumer.
Quote:
Originally Posted by JPFisher55
The real problem is that no one knows the truth. IMO, you and Wiki and other so-called "shills" (I don't believe that you or them are paid or compensated by sites to defend the sites) are somewhat naive to think and opine that little chance exists that any site rigs its deal just because no one has found hard statistical evidence to show rigging. IMO, a reasonable chance (40-60%) exists that one or more sites (outside of FTP) has and does rig its deal.
My prop bet still stands and I am giving 2-1 odds so the math of that situation means you have the right pot odds to make that prop bet. $1,000 minimum that no major network will be shown to have a rigged RnG by the end of 2012.
You will not take that bet and no riggie ever will.
I also don't care if riggies think people here (including myself) are paid to defend sites. That belief makes me laugh. Most of the shill do not play much at all, and some play casually at small stakes and these guys think that is a paid army? Kind of sad comedy.
I appreciate the time and thought you put in your post, but one element you completely leave out is the context of this topic in the world in general (completely unimportant) and even the poker community.
Look at all the 2+2 forums with tons of strategy, staking and other forums, and look at all of the content you can find here. Add in a ton of coaching sites and kickback sites as well, and riggies play (aside from this thread) nothing of a role in any of them.
The who riggie religion is basically in this and a few other threads and youtube videos. This thread gives riggies a much greater sense of importance than really exists in the world (real and poker world) and you are carrying that flawed inflated importance belief into your whole US judicial system arguments.