I've talked with Aargle and someone else that works with him.
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Gambling Returns to Second Life? |
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Zaphod Kotobide
zOMGWTFPME!
Join date: 19 Oct 2006
Posts: 2,087
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07-25-2008 04:10
Oh. Of course.
I've talked with Aargle and someone else that works with him. _____________________
Problems cannot be solved at the same level of awareness that created them. |
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Cherry Czervik
Came To Her Senses
Join date: 18 Feb 2006
Posts: 3,680
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07-25-2008 05:57
My guess is that slnn got it all mixed up as usual, but on the off-chance that there's anything more than the developers' wishful thinking behind this, it will probably spell the end of *all* "skill-based" wagering games in-world. It really makes no difference what "loophole" exists in Linden policy. All that matters is what the credit card companies can legally allow. They're pretty unlikely to get away with this, once challenged on UIGEA grounds. Once AMEX and WaMu and PayPal and etc line up outside Linden counsel's door, there'll be a swift and silent change in G-Team's marching orders, and say goodbye to the "skill-based" loophole. If it is something which needs a gaming licence it needs banning. PERIOD. Along with wooden wangers. Definition of games of skill, according to the Gaming Licence of my RL job = a game where you can influence the outcome i.e. Blackjack, Roulette etc. All of these online are determined by some form of random number generator therefore are not games of skill. Bandying the terminology differently doesn't change the reality of a game (this is not aimed at Qie, I am just adding to his post). _____________________
To exchange power is sublime. To steal from another ... well, what goes around comes around.
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Tabliopa Underwood
Registered User
Join date: 6 Aug 2007
Posts: 719
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07-25-2008 06:35
... Just because the system is divided up into a couple of parts which seemingly get around the letter of the rule doesn't magically make it "not gambling". ... Thats the question; Is it one or two ??? If they're seen as one event then your argument makes sense. If they are seen as two separate events then your argument is immaterial. One day sometime it maybe answered in a court of law. Until then its forum fodder for us =) ... Fish is a guessing game which has a significant random factor involved: the luck of the draw, thus, it cannot be "pure skill". "Tic tac toe" is pure skill. Chess is pure skill. Checkers is pure skill. Backgammon is not. The vast majority of card games are not. Games like tic-tac-toe, checkers and chess are games of pure rote. The absence of chance doesn't make them games of pure skill. Deep Blue is not skilful. Sports like tennis, rugby, netball, golf, etc are games of pure skill in my opinion. But then the bounce of the ball, the gust of the wind and all that; makes them not, when we apply the rigour of your argument. Which I think would be unfortunate if we did, so I won't =) @ 3Ring as well Thats what I said to the last 7 year old who skumpt me "You're just lucky" ![]() |
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Talarus Luan
Ancient Archaean Dragon
Join date: 18 Mar 2006
Posts: 4,831
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07-25-2008 09:57
Thats the question; Is it one or two ??? If they're seen as one event then your argument makes sense. If they are seen as two separate events then your argument is immaterial. One day sometime it maybe answered in a court of law. Until then its forum fodder for us =) It is doubtful it will ever be determined in a court of law here, since LL can choose to determine for themselves what to allow on their service and what not to allow. However, if a court of law determines that it IS the same, it becomes academic. As for being forum fodder, I never claimed otherwise. ![]() Games like tic-tac-toe, checkers and chess are games of pure rote. The absence of chance doesn't make them games of pure skill. Deep Blue is not skilful. Tic-tac-toe may be "pure rote", because one can memorize at least a small set of rules, if not board configurations themselves which will always end the same way or better every time. However, checkers and chess are far too complex for that, and chess especially can have outcomes based on gamesmanship. Deep Blue also never wins every time, and it does learn from experience, which means that it CAN have "skill" (defined as "Proficiency, facility, or dexterity that is acquired or developed through training or experience" .Sports like tennis, rugby, netball, golf, etc are games of pure skill in my opinion. But then the bounce of the ball, the gust of the wind and all that; makes them not, when we apply the rigour of your argument. Which I think would be unfortunate if we did, so I won't =) Except that I never made that argument. In all of those games, skill can be learned to counter the random chance, or mitigate its effects (I'm an avid golfer, though I haven't played in some time), and it often does not significantly impact the outcome (though lack of skill DOES significantly do so). In gambling and games of chance, no amount of skill can save you from a bad luck of the draw, especially in games which are governed solely by highly random outcomes. That's what makes it "gambling".I have never said that skill wasn't involved in a game, but that none of these games as put forth so far are not "pure skill", and that fact, combined with wagering and cash payouts, makes them "gambling". |
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Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
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07-25-2008 10:04
Yep, it goes back to what I have said in the other gambling threads; while it is up to LL to determine what "is" and "is not" "gambling" under their own rules, the fact of the matter is that all of this crap IS gambling, by definition, loophole or not. In fact, in the case of this group, I think it is about as defiant and "in your face" as it can get, and I would expect that, if the Lindens have any backbone at all, it will be squished with extreme prejudice. I hope they can get their day jobs back..... But of course Gambling was never banned because the Lindens wanted to outlaw gambling. It was banned because of a law they had to comply with. Thus if this stuff is truly not affected by that law - LL is not really going to have any incentive to ban it. Because the gambling ban wasn't about them wanting to ban gambling, but rather their legal team saying they needed to. I would think they wouldn't want to take the chance these loopholes are really loopholes and remove the stuff anyhow, but I do not think they really care if people in SL gamble. Only that they (LL) wont get in trouble for them doing it. |
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Talarus Luan
Ancient Archaean Dragon
Join date: 18 Mar 2006
Posts: 4,831
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07-25-2008 10:42
LL banned gambling, not because of a specific legal challenge, but because of the increasing likelihood that they would become involved in one at some point, and also from pressure from their credit card processors who were threatening sanctions if they didn't come into compliance.
As such, if they feel that there is any potential threat like that again, they will act, whether it is real or perceived. I mean, all it takes is one phonecall or email from a "concerned citizen", and Things Will Happen(tm), so they certainly won't allow it to go for too long before putting the kibosh on it. |
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Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
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07-25-2008 10:53
LL banned gambling, not because of a specific legal challenge, but because of the increasing likelihood that they would become involved in one at some point, and also from pressure from their credit card processors who were threatening sanctions if they didn't come into compliance. I'm pretty sure it was mostly the latter (the law affecting CC companies). In my opinion the former as well as associated verbage was mostly just spin. The ruling came out - then rather quickly LL moved. Still, if the reason they banned gambling has more reasons behind it then not getting paid by the Credit Cards, there is no reason for them to play like they are powerless to act. That routine is so 2005. LL knows they can delete objects with impunity now, the Linden Angel of Deletion should just descend and remove all these offending games and buildings without concern. |
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Dagmar Heideman
Bokko Dancer
Join date: 2 Feb 2007
Posts: 989
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07-25-2008 11:13
I think games like Zyngo survived only because they aren't understood outside of SL. But when you offer Blackjack, Poker, Roulette, etc., that's understood by all concerned as gambling, loophole or not. Looking at the loophole as I understand it, I have a few concerns: - The skill game is designed to collect one for one in Linden what you win in Zorkmids on the gambling games. For example, if you win 5000 Zorkmids at the Blackjack game, you get 5000L when you complete the skill game. That makes the Zorkmids nothing more than a redeemable casino token. - Even if you lose the skill game, you don't lose your collected Zorkmids. You can play the skill game again until successfully complete it and than collect your gambling winnings. It's a mere formality to complete the skill game. The only time you can lose winnings is if you play the gambling games. If the skill game was difficult or imposed true risk of losing one's banked gambling winnings, nobody would play the game. So the loophole of 'skill' is questionable at best. - When you lose at the gambling games, you don't get to play the skill game to recover the gambling loses. If you lose 5000 Zorkmids, you lost 5000 Linden and the casino is pocketing that Linden as gambling revenue. That revenue was gained purely from gambling and none from the skill game. Doubt the tax authorities or the governments will buy the loophole. As I see it, the Zorkmids are virtual casino tokens which you can redeem for Linden cash at any time & the skill game is a clever ruse. While I'm opposed to the gambling ban, one can pretty much predict what's going to happen with this system. Interpreting Linden silence on the matter as approval, people get excited; buy lots of land (Linden smiles at that part) and machines, open up casinos and it's party time. Six months later, Linden wakes up from it's self-imposed fog and shuts them all down. As far as being vetted by the legal department. I can tell you that at least in the case of slot machine variants like Zyngo there is no direct scrutiny by any lawyers. They rely on what is possibly flawed second hand accounts from other Linden personnel. That was readily apparent from my correspondence with its assistant general counsel. Lawyers can only provide an analysis based on the facts they are given so if those "facts" are inaccurate..... |
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Tabliopa Underwood
Registered User
Join date: 6 Aug 2007
Posts: 719
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07-26-2008 05:45
It is doubtful it will ever be determined in a court of law here, since LL can choose to determine for themselves what to allow on their service and what not to allow. However, if a court of law determines that it IS the same, it becomes academic. Yes it is academic now as far as oldskool casinos go in SL. They're gone and thats the end of that. The legal question remains unanswered though. More so for online poker rooms I think, most of which are still operating. At some point someone will test them in the courts. Tic-tac-toe may be "pure rote", because one can memorize at least a small set of rules, if not board configurations themselves which will always end the same way or better every time. However, checkers and chess are far too complex for that, and chess especially can have outcomes based on gamesmanship. Deep Blue also never wins every time, and it does learn from experience, which means that it CAN have "skill" (defined as "Proficiency, facility, or dexterity that is acquired or developed through training or experience" .I wondered why you raised the skill factor as a consideration in your previous post and then rebutted it in the same post. I was interested in where you were going with it. Now I know =) |
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Tabliopa Underwood
Registered User
Join date: 6 Aug 2007
Posts: 719
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07-26-2008 05:49
I'm pretty sure it was mostly the latter (the law affecting CC companies). ... The simplest answer is most often the correct one. So yes I agree, you're spot on here. |
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Talarus Luan
Ancient Archaean Dragon
Join date: 18 Mar 2006
Posts: 4,831
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07-26-2008 09:33
Yes it is academic now as far as oldskool casinos go in SL. They're gone and thats the end of that. The legal question remains unanswered though. More so for online poker rooms I think, most of which are still operating. At some point someone will test them in the courts. Well, if they are free-play, why would they be tested in the courts? They don't even meet the minimum litmus for gambling -- wagering. I wondered why you raised the skill factor as a consideration in your previous post and then rebutted it in the same post. I was interested in where you were going with it. Now I know =) I am not the one who keeps raising "skill factor" as a defense, and why "it's not really gambling!". Especially when it is beyond clear to anyone looking at it that it is a) NOT pure skill, and/or b) a sham specifically designed to end-run around the rule so that people can gamble anyway. I don't object to gambling; I object to people who redefine words or activities for stupid reasons, not the least of which is for abrogating rules which can, in turn, affect everyone. |
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Tabliopa Underwood
Registered User
Join date: 6 Aug 2007
Posts: 719
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07-26-2008 19:05
An excerpt from http://www.gambling-law-us.com/Federal-Laws/internet-gambling-ban.htm
"Most U.S. jurisdictions apply the Dominant Factor test to determine if a contest is a game of skill or a game of chance. That test looks to which elements predominate (51%) in determining outcome of the game. If the elements of chance predominate, then it is a game of chance, notwithstanding that skill elements are important, but not predominant. Furthermore, the outcome is to be determined by considering the nature of the game and the abilities of the average player coming to the game." So I suppose the new games being offered in SL are ones that the creators believe pass this test. And probably why online poker rooms are still operating cash games and tournies. |
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Amity Slade
Registered User
Join date: 14 Feb 2007
Posts: 2,183
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07-26-2008 21:08
Remember that it's the federal gambling law about which Linden Lab is most concerned. The Second Life ban on gambling came after the F.B.I. raised concerns.
The Unlawful Internet Gambling Act of 2006 is the particular federal law that poses the concern. And the problem is, that law doesn't actually define what gambling is. If you read the statute, it really basically says, the types of gaming that is illegal is the unlawful gaming. Really. I'm sure Linden Lab's lawyers can only make good guesses at best regarding what the Department of Justice might on a whim decide to prosecute as unlawful internet gambling. A (poorly formatted) copy of the Unlawful Internet Gambling Act of 2006 is here: http://www.playwinningpoker.com/online/poker/legal/uigea/ And an interesting article that discusses, among other things, the vagueness of the law is here: http://www.ssd.com/pdf/litigation/intgamb112006.pdf |
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Starfire Desade
Can I play with YOUR mind
Join date: 10 Jul 2006
Posts: 404
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07-26-2008 21:43
The problem with these games trying to skirt the law....
The real gambling games (which are considered gambling, but are trying to use fake money) will pay out in the fake money. This fake money can in turn be turned into cash, by submitting them to a game which is being suggested is a game of skill. This means the original payouts can be traded for something that is of value, therefore they violate the gambling rules set forth by LL. A game of chance can not pay out anything that can be turned into something of value unless it costs NOTHING to play (are the owners going to give away this fake money at no cost to anyone that asks for it, or are they going to try and skip around the law with fancy exchanges). Of course, the losers won't be the people that have made the games... they probably won't operate them in-world. They will probably sell them to people who think they are doing something legal and will now get rich. By then, all these new casino owners will have invested their money on the machine and will have them deleted, or even find themselves banned. |
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Tabliopa Underwood
Registered User
Join date: 6 Aug 2007
Posts: 719
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07-27-2008 04:15
... The Unlawful Internet Gambling Act of 2006 is the particular federal law that poses the concern. And the problem is, that law doesn't actually define what gambling is. If you read the statute, it really basically says, the types of gaming that is illegal is the unlawful gaming. Really. ... I wondered about that too. The Act didnt appear to make any sense to me when I read it. So Ive had a look around, as you do when something interests you. What Ive found is that the Act makes it illegal to use the internet to transfer money into or within jurisdictions for the purpose of illegal gambling, where any actions or games are determined to be gambling, by other laws. The Act makes sense to me now that I know this; as the Act helps to reinforce bans on gambling within a community, village town city county state etc, that has determined this activity to be unlawful within their respective jurisdictions. So if I run any kind of game, pure chance, pure skill, whatever, on the internet and take or offer bets on that game; and it is ruled in my local courthouse that I am running an illegal gaming operation under the town's bylaws for instance (which may or may not be illegal in the town up the road); then its odds-on that I'm also going to be found guilty of a federal crime should I be charged with that also. In this respect, the Act is a good thing I think. |
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Zoe Quatro
Registered User
Join date: 13 Sep 2005
Posts: 14
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07-27-2008 07:28
I'm always confused as to why the big deal about gambling in SL when Yahoo Games endorses this site: www.king.com
You can play for real or fake money(jewels). You can deposit and withdraw USD. But I can't figure out what the difference is between the games on that site and the games in SL. |
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Jeffrey Gomez
Cubed™
Join date: 11 Jun 2004
Posts: 3,522
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07-27-2008 15:14
I'm always confused as to why the big deal about gambling in SL when Yahoo Games endorses this site: www.king.com You can play for real or fake money(jewels). You can deposit and withdraw USD. But I can't figure out what the difference is between the games on that site and the games in SL. Gambling addiction is seen as a mental illness. In actuality, it preys on the mathematics of "chance", and fundamental belief that one may "beat the system", blindly and without thought. In either light, the proliferation of gambling is seen as abusive, because it preys on the weak of mind or failure to grasp basic mathematics. And yet, governments use this very frequently to raise tax revenue (ie, lotteries). So what you're seeing, is nothing more than a government protecting its own interests by removing competition -- in the guise of a social good. With everyone else being forced to play along. Clear as mud? _____________________
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Gordon Wendt
404 - User not found
Join date: 10 May 2006
Posts: 1,024
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07-27-2008 20:22
Although the gambling is an addiction and should be banned as such is one theory I'm more a believer in the theory that it's just like prohibition (brought about by the women's temperance movement a group of prudish uptight women) or the laws against prostitution (brought about by a bunch of uptight christians) and that is that these people (see the connection in the three cases) think that is immoral and that's why they must be banned and because unfortunately they hold the majority of political power in the United States that why gambling and prostitution and illegal in the majority of the US (except Nevada and Indian reservations respectively) and one major prohibition still isn't in effect and alcohol still isn't banned is that thanks to Al Capone and the mob it didn't work at all anyway.
Gambling addiction is seen as a mental illness. In actuality, it preys on the mathematics of "chance", and fundamental belief that one may "beat the system", blindly and without thought. In either light, the proliferation of gambling is seen as abusive, because it preys on the weak of mind or failure to grasp basic mathematics. And yet, governments use this very frequently to raise tax revenue (ie, lotteries). So what you're seeing, is nothing more than a government protecting its own interests by removing competition -- in the guise of a social good. With everyone else being forced to play along. Clear as mud? _____________________
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Brenda Connolly
Un United Avatar
Join date: 10 Jan 2007
Posts: 25,000
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07-27-2008 21:01
Legalized Gambling in the US is far more wisdespread than many believe. Many people only think of Nevada or Atlantic City, but 48 of the 50 States allow gambling of some form. 17 States allow Casinos, not including Indian Casinos. Contrary to popular belief, Gambling is Legal under Federal Law, it is up to each State to decide whether to allow it. Nevada is the only one where it is permitted State wide.
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Don't you ever try to look behind my eyes. You don't want to know what they have seen.
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Zoe Quatro
Registered User
Join date: 13 Sep 2005
Posts: 14
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07-28-2008 06:02
Clear as mud? Ummm, well, no, not really. I'm not asking about the moral or social implications of gambling. I just don't understand why it's ok for Yahoo to have online gaming/gambling but not SL. |
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Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
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07-28-2008 08:43
Legalized Gambling in the US is far more wisdespread than many believe. Many people only think of Nevada or Atlantic City, but 48 of the 50 States allow gambling of some form. 17 States allow Casinos, not including Indian Casinos. Contrary to popular belief, Gambling is Legal under Federal Law, it is up to each State to decide whether to allow it. Nevada is the only one where it is permitted State wide. I wonder if people who play the lotto think of it as gambling .. |
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Anthony Hocken
Registered User
Join date: 16 Apr 2006
Posts: 121
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07-28-2008 09:30
I'm amazed that this isn't covered by the TOS already. It's clear that the winnings have potential value. Linden Lab should just alter the ToS slightly and be a little more careful with their wording this time. Everyone will eventually get burnt otherwise. It's a clever workaround, but it's not clever enough.
Plus these guys don't deserve to have all their efford trashed down the line. Best to nip it in the bud early. Just because someone from Linden Lab has taken the initiative to look at what they're doing and help confirm whether it breaks the current ToS as they exist, doesnt mean they're endorsing it surely. If Linden Lab ignored the requests by these guys then they'd be blasted for turning a blind eye. Yet another no win situation for LL. I've never gambled myself but was wondering. What if these guys are located in a country which allows online gambling, and they restrict cashouts by requiring players to verify their location first. Would that be legal? I think it's stupid these laws exist in the first place but if there's a legal workaround then why not do it. It's not fair that all users are penalized for a corrupted law of one country. For example, a player is only allowed to play once they've verified their location by clicking an object which opens a webpage in their default browser and the visitor's IP address is looked up in a table of locations (all relatively simple to do so wont go into the details). Okay so a player could switch their browser to use a proxy like TOR before clicking the object but hay nothing is perfect. _____________________
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Trout Recreant
Public Enemy No. 1
Join date: 24 Jul 2007
Posts: 4,873
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07-28-2008 11:37
I mean, most real civilised countries have a system where you can't just ask for an official judgment to be made about the law unless you're actually on trial, and when the judgment is made, it's public. I'm sorry, but this is flat wrong. Virtually all civilized countries, including the US have a system where you CAN get an interpretation on a law or rule prior to engaging in activity that could get you arrested and put on trial. In the US, you can get opinion letters on virtually anything. For example, if I wanted to put a similar game in my real life establishment, I would be worried about unregulated gambling. In the US, for the most part, gambling is regulated at the State level. I would go to the Attorney General's Office here in Washington, or to the Washington Gambling Commission and describe the game to them in detail. They would reply with an opinion letter that stated that the game was legal, or that the game required certain gaming licenses, or that it was illegal and that it would not be licensed no matter what I did. There are similar sytems in place in virtually every "civilized" country in the world. Imagine the alternative! People and companies would have to take a shot in the dark, hoping their innovation was legal and that they wouldn't get arrested because they misinterpreted the language in some law, or worse, because a new administration came in and changed the previous interpretation of a rule. Nobody would put up with that sort of nonsense. At any rate, I don't see what is any different about what these game designers did. They got an official Linden ruling on whether the game was legal or not prior to putting it into use. Good for them! Most of the people trying to get around the gambling ban try to sneak their games in and hope they don't get caught. _____________________
A Trout Rating (tm) is something to cherish. To flaunt and be proud of. It is something all women should aspire to obtain! |
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Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
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07-28-2008 11:47
I'm sorry, but this is flat wrong. Virtually all civilized countries, including the US have a system where you CAN get an interpretation on a law or rule prior to engaging in activity that could get you arrested and put on trial. In the US, you can get opinion letters on virtually anything. For example, if I wanted to put a similar game in my real life establishment, I would be worried about unregulated gambling. In the US, for the most part, gambling is regulated at the State level. I would go to the Attorney General's Office here in Washington, or to the Washington Gambling Commission and describe the game to them in detail. They would reply with an opinion letter that stated that the game was legal, or that the game required certain gaming licenses, or that it was illegal and that it would not be licensed no matter what I did. There are similar sytems in place in virtually every "civilized" country in the world. Imagine the alternative! People and companies would have to take a shot in the dark, hoping their innovation was legal and that they wouldn't get arrested because they misinterpreted the language in some law, or worse, because a new administration came in and changed the previous interpretation of a rule. Nobody would put up with that sort of nonsense. At any rate, I don't see what is any different about what these game designers did. They got an official Linden ruling on whether the game was legal or not prior to putting it into use. Good for them! Most of the people trying to get around the gambling ban try to sneak their games in and hope they don't get caught. Woulda been cool if LL had done something similar when they came up with their gambling rules. (maybe they did -- but it wasn't publicized that I heard about) |
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Jeffrey Gomez
Cubed™
Join date: 11 Jun 2004
Posts: 3,522
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07-28-2008 12:01
Ummm, well, no, not really. I'm not asking about the moral or social implications of gambling. I just don't understand why it's ok for Yahoo to have online gaming/gambling but not SL. I'm not sure it is. It may not have been altered yet. ![]() _____________________
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