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Gordon Vayo Sues PokerStars For 0k SCOOP Prize Gordon Vayo Sues PokerStars For 0k SCOOP Prize

05-14-2018 , 11:33 AM
Quote:
Originally Posted by LastLife
It's significant because using a VPN and playing from the US are not crimes. That would be TOS violations. That is: Pokerstars is seizing money that doesn't belong to them entirely due to their own rules that can be changed at any time. Name another industry that is allowed to do this. B&M industry, for instance, has to give you your card counting profits even though it's against their own rules, because it's not illegal to count cards, though they have the right and will likely ban you from their establishment.
Even this is false. Remember Phil Ivey who didn't get his deposited money from a London casino yet didn't do anything criminal?

Quote:
Originally Posted by LastLife
Yes, but the laws and regulations of IoM and Pokerstars are not the only ones that apply. The country of play, US/Canada in this instance, also comes into play. Black Friday showed the poker industry that the laws of the location of the player also apply.
Black Friday is completely irrelevant as precedent because at that time PokerStars intentionally offered it's service to players in the USA and it wasn't about the rights of the players vs Pokerstars, but about Pokerstar violating federal law.
Gordon Vayo Sues PokerStars For 0k SCOOP Prize Quote
05-14-2018 , 11:40 AM
Quote:
Even this is false. Remember Phil Ivey who didn't get his deposited money from a London casino yet didn't do anything criminal?
That was for taking advantage of a card flaw, not taking his winnings for advantaged play. 2 different things
Gordon Vayo Sues PokerStars For 0k SCOOP Prize Quote
05-14-2018 , 11:45 AM
So if the facts here presented are correct it sounds like Stars waits for known VPNers to have big scores before busting them and confiscating their dough. Pretty shady IMO, but what else is new?
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05-14-2018 , 11:55 AM
Quote:
Originally Posted by Domingo Cerrado
Not quite true. PokerStars´ ToS (§4.3) state personal details are processed in compliance with the data protection laws of the Isle of Man. The Isle of Man is a self-governing British Crown Dependency rather than a British Overseas Territory (like Gibraltar) so is not in the EU. The Isle of Man has an "Adequacy Agreement" with the EU for collecting and processing data, but the actual data protection laws could be a lot different to those being imposed by the EU.
You are right about being able to request what details Stars holds about you (and shares with third party service providers), and you can request that some of it is not used. I asked about what would happen if I refused the processing on my online action to determine my "personalized promotions". Still waiting for an answer.
Sorry for derailing the thread.
While visiting the IOM recently, I raised the issue with some local counsel of IOM expectations for licensed operators re GDPR.

I was informed that IOM gambling license-holders will be expected by the IOM Gambling Supervisory Commission to comply with GDPR provisions.

(I raised the issue of the IOM not being in the EU, but was assured that hair would not be split to avoid application of the GDPR. )

Unlike the recent exodus of customer accounts at Facebook from their Ireland EU nexus, https://www.zdnet.com/article/facebo...pr-protection/
it seems unlikely that any operator with IOM-licensed B2C business will dodge application of the GDPR to those customers' data.

That is not to say Stars customers whose accounts are regulated outside the EU, such as in NJ, will necessarily get GDPR type rights.
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05-14-2018 , 11:57 AM
Quote:
Originally Posted by Spring Mustachio
So if the facts here presented are correct it sounds like Stars waits for known VPNers to have big scores before busting them and confiscating their dough. Pretty shady IMO, but what else is new?
nothing else on the news front sadly, people still keep playing @crookstars
Gordon Vayo Sues PokerStars For 0k SCOOP Prize Quote
05-14-2018 , 11:59 AM
Quote:
Originally Posted by Spring Mustachio
So if the facts here presented are correct it sounds like Stars waits for known VPNers to have big scores before busting them and confiscating their dough. Pretty shady IMO, but what else is new?
Actually it is quite a smart and effective policy.

Whether they knew he was a VPNer or not it is most efficient to randomize checking of big winners. What a great deterrent for others.

No tears for Vayo
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05-14-2018 , 12:05 PM
Quote:
Originally Posted by LastLife
It's significant because using a VPN and playing from the US are not crimes. That would be TOS violations. That is: Pokerstars is seizing money that doesn't belong to them entirely due to their own rules that can be changed at any time. Name another industry that is allowed to do this. B&M industry, for instance, has to give you your card counting profits even though it's against their own rules, because it's not illegal to count cards, though they have the right and will likely ban you from their establishment. Now if you use a computer to help with the count, then you can have your winnings seized and be prosecuted.
Sorry, your post is nonsensical. I am pretty sure that there is a crime lurking somewhere if you obtain services under the false pretense of complying with TOS, try "fraud" perhaps ?

I suspect that there is no blanket "rule" across B&M casino jurisdictions governing forfeiture of card-counting profits if game rules clearly are violated.

I don't know where you get your analysis from, but you seem more interested in advocating a blanket point of view than understanding or addressing the variety of issues involved.
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05-14-2018 , 12:22 PM
Quote:
Originally Posted by Gzesh
Sorry, your post is nonsensical. I am pretty sure that there is a crime lurking somewhere if you obtain services under the false pretense of complying with TOS, try "fraud" perhaps ?
Pokerstars' is not saying he defrauded anyone, otherwise they'd have bumped everyone in pay.

Quote:
I suspect that there is no blanket "rule" across B&M casino jurisdictions governing forfeiture of card-counting profits if game rules clearly are violated.
Did I say there was? I said casinos will likely ban you for advantaged play, but still have to pay you your winnings. I also said using a computer to help with the count can result and seizure and prosecution, which it can... It is ultimately up to the private company whether to ban an advantaged card counter and it is ultimately up to state/city AGs whether to prosecute for illegal device use.

Quote:
I don't know where you get your analysis from, but you seem more interested in advocating a blanket point of view than understanding or addressing the variety of issues involved.
Probably
Gordon Vayo Sues PokerStars For 0k SCOOP Prize Quote
05-14-2018 , 12:33 PM
Quote:
Originally Posted by LastLife

Did I say there was? I said casinos will likely ban you for advantaged play, but still have to pay you your winnings.
"B&M industry, for instance, has to give you your card counting profits even though it's against their own rules,"

You did say that the B&M industry "has to give you your card counting profits". Sounds like a blanket assertion across an entire industry .... which is simplistic and ignorant.

There simply is no blanket set of rules about the conduct of B&M gaming operations like you seem to think ...
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05-14-2018 , 12:42 PM
Quote:
Originally Posted by gregorio
This is such an ignorant post. They do not get to keep any funds they confiscate. They donate them to charity or remit them to the Romanian state budget.
Do they get a tax deduction if they donate it to charity? Giving the money to Romania sounds shady as hell, like some pay-to-play scheme.
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05-14-2018 , 01:06 PM
Quote:
Originally Posted by Dream Crusher
Do they get a tax deduction if they donate it to charity? Giving the money to Romania sounds shady as hell, like some pay-to-play scheme.
Donations made to the Human Fund, money for people!
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05-14-2018 , 01:16 PM
This is what I said:
Quote:
B&M industry, for instance, has to give you your card counting profits even though it's against their own rules, because it's not illegal to count cards, though they have the right and will likely ban you from their establishment. Now if you use a computer to help with the count, then you can have your winnings seized and be prosecuted.
You said:
Quote:
I suspect that there is no blanket "rule" across B&M casino jurisdictions governing forfeiture of card-counting profits if game rules clearly are violated.
In what US jurisdiction is card counting without the use of a mechanical or computer device against the rules or illegal? And how is that a blanketed policy if I specifically talk about an exemption right below, which you failed to quote.

Quote:
Card counting is not illegal under British law, nor is it under federal, state, or local laws in the United States provided that no external card counting device or person assists the player in counting cards.

I. Nelson Rose, Blackjack and the Law
Gordon Vayo Sues PokerStars For 0k SCOOP Prize Quote
05-14-2018 , 02:29 PM
Quote:
Originally Posted by LastLife
This is what I said:

You said:

In what US jurisdiction is card counting without the use of a mechanical or computer device against the rules or illegal? And how is that a blanketed policy if I specifically talk about an exemption right below, which you failed to quote.
Nelson Rose is a fine attorney and a nice guy. He chooses to post general statements for free all the time.(It is marketing, and expect a plethora of statements from various members of the bar re sportsbetting.)

However, if you really want my specific answer to your follow-up questions about the law, the role of game rules under applicable regulations, whatever "exemption" you mean to reference, et cetera, you have to pay.
Gordon Vayo Sues PokerStars For 0k SCOOP Prize Quote
05-14-2018 , 02:52 PM
Quote:
Originally Posted by mikeyfan420
Why anyone would play on Stars is beyond me.
On another note, how does someone like Dnegs, who lives in Vegas, play on Stars? Has he never ever accessed Stars thru a VPN?
I'd be absolutely staggered if he had.
When he's home in Vegas, he doesn't play on Stars.
Gordon Vayo Sues PokerStars For 0k SCOOP Prize Quote
05-14-2018 , 04:10 PM
Quote:
Originally Posted by Spring Mustachio
So if the facts here presented are correct it sounds like Stars waits for known VPNers to have big scores before busting them and confiscating their dough. Pretty shady IMO, but what else is new?
If you are going to play big tournaments with a chance of a big payout you would have to be pretty dumb to use a VPN ever, let alone during the tournament.
Gordon Vayo Sues PokerStars For 0k SCOOP Prize Quote
05-14-2018 , 08:50 PM
Quote:
Originally Posted by +rep_lol
the most amazing thing about this is not that somebody of vayo's means exercised such poor judgment in using a vpn to play on stars from the states, but that he actually won a heads up match


#free+rep!
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05-14-2018 , 09:58 PM
Serious question, how have U.S. players fared on Stars using remote access or TeamViewer vs. VPN?
Gordon Vayo Sues PokerStars For 0k SCOOP Prize Quote
05-14-2018 , 11:47 PM
Quote:
Originally Posted by Monteroy
Tons of industries use TOS agreements (that most people do not read). As a consumer you choose whether to agree to them or not, and this person chose that. If a company makes a completely irrational change to their TOS (ie: we can force you to pour a blend of liver and kidney juice on your pets if you win a hand) then that would be noticed by someone (some people read the TOS) and highlighted and then consumers can decide whether a company that makes erratic rules like that is worth doing business with at that time.
Your argument for people's things of value being bound to any and every clause in a TOS is some people will read it and let everyone know?

You think companies are bulletproof just because someone agrees to their TOS?

I would assume that's one major job of a companies legal team--figuring out what they can legally get away with in their TOS.
I dont see how they could add the no-cussing clause to TOS and keep people's money once lawsuits started flying, even when the customers agreed to the TOS. I also wouldn't think they'd be able to get away with keeping someone's current balance from a TOS infraction from 5 years prior, for example. I personally don't think it's fair if ,hypothetically, Vayo VPN'd and played from the US 6m prior, but they confiscated a current 700k tourney win where he was in Canada.

Maybe I have one or all of those wrong. But I think they're important to know. PS's investigation/confiscation procedure and actions need to be held to a standard. Afaik and have seen they can do whatever they want. That is why I'm interested in this case--I want to see someone challenge their balance confiscation and win.
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05-15-2018 , 12:01 AM
They screwed over SNEs and got away with it because it was in their TOS.

If it had been worth challenging legally, someone would have. It wasn't.
Gordon Vayo Sues PokerStars For 0k SCOOP Prize Quote
05-15-2018 , 04:15 AM
If Pokerstars say he used VPN believe me that they are right. They have the best security in the world. I once opened virtualbox with pokerstars client open and they emailed me to answer some questions. In some hidden circles, people are talking about a secret protocol between Amaya and NSA.
Gordon Vayo Sues PokerStars For 0k SCOOP Prize Quote
05-15-2018 , 04:24 AM
Quote:
Originally Posted by Michael Buble
Even this is false. Remember Phil Ivey who didn't get his deposited money from a London casino yet didn't do anything criminal?
He won't remember that because it didn't happen


Quote:
On 30th August the claimant spoke to Tony Pearce, Managing Director of the London casinos of Genting UK, who told him that Crockfords would not be paying his winnings because the game had been compromised. The claimant said he had not touched the cards, but did not state that which he now freely admits, that he had used the technique of edge-sorting. Arrangements were made to refund his deposited stake, £1 million, on 31st August.
para 31 of Judgement
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05-15-2018 , 04:38 AM
Did Vayo play cash or a very high number of tournaments? If so, the cash forfeit might be based on losses not being recoverable (from other players) and winnings voided.

I think the IoM has similar unfair contract terms law to the UK, so a term that simply allows them to decide to take seize deposits for breach of a term would seem to be inherently unfair.
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05-15-2018 , 06:41 AM
Quote:
Originally Posted by TooCuriousso1
Your argument for people's things of value being bound to any and every clause in a TOS is some people will read it and let everyone know?

You think companies are bulletproof just because someone agrees to their TOS?
That is not what I said.

Quote:
Originally Posted by TooCuriousso1
I dont see how they could add the no-cussing clause to TOS and keep people's money once lawsuits started flying, even when the customers agreed to the TOS. I also wouldn't think they'd be able to get away with keeping someone's current balance from a TOS infraction from 5 years prior, for example.
This is pretty much what I said, and that is why I kept saying that the person's point that Stars could change their ToS to make cussing a death penalty case to be a non starter.

Quote:
Originally Posted by TooCuriousso1
I personally don't think it's fair if ,hypothetically, Vayo VPN'd and played from the US 6m prior, but they confiscated a current 700k tourney win where he was in Canada.
This would fall in the category of "it depends." If he played with a VPN for a week 5 years prior and that was it - then this would be utterly inappropriate as a punishment.

If however he played a ton within the past year then realistically he put his account at risk, and a point I have made that nobody has touched is that how would it be fair to let him go when others are following the rules in this regard.

If playing 6 months ago is fine then how about 5 months or 4 months or 3 months etc.



Quote:
Originally Posted by TooCuriousso1
Maybe I have one or all of those wrong. But I think they're important to know. PS's investigation/confiscation procedure and actions need to be held to a standard. Afaik and have seen they can do whatever they want. That is why I'm interested in this case--I want to see someone challenge their balance confiscation and win.
If the details come out it will certainly not surprise me if there is more meat to the bone with the behavior of the world renowned player than the ginned up attorney presented, and while I certainly agree that the investigation techniques could be more transparent, the reality is that in the VAST majority of these cases the end result is that the actions of those caught tend to deserve the outcome they receive for this company. A similar outrage was had for the player who also had 6 figures taken from him until pictures of him at a live event in Florida the same day as his big Stars win appeared.
Gordon Vayo Sues PokerStars For 0k SCOOP Prize Quote
05-15-2018 , 07:22 AM
So, If they can take his winnings, can he at least deduct his losses from before? (If he was losing)

They should just cut these people immediately, not wait for a big score and then attack them. It's good business for them, so not surprised Stars do it.
Gordon Vayo Sues PokerStars For 0k SCOOP Prize Quote
05-16-2018 , 06:02 PM
Quote:
Originally Posted by nomalice
As I understand, if he used VPN anytime they have full right to confiscate all money found on his account?
No, of course no organisation has the right to do that in any modern western democratic system.

The idea that you can confiscate a million dollars because they made one real money transaction from inside the USA is obviously absurd and nonsense. No court uphold that.

Quote:
Who cares how much money is it, he was very irresponsible. And I hate AMAYA but I don't see a way he wins this ( nor that he should ). I mean it clearly says '' YOU CANT USE VPN EVER TO LOG IN '' and there is no stretch to it imo.
No, that's not what it says. The current .COM Terms of Service currently says:

Quote:
Originally Posted by PokerStars Terms of Service
Any attempt to circumvent the restrictions on play by any persons located in a Prohibited Jurisdiction, is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating the information used by Rational Group to identify your location and providing Rational Group with false or misleading information regarding your location or place of residence. Any such attempt will entitle us to take such steps as we deem appropriate including, without limitation, seizing the funds in your User account.
The first sentence clearly limits the "attempt to circumvent" restriction to "persons located in a Prohibited Jurisdiction".
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