Gambling is often defined by three elements: prize, chance and consideration. Increasingly, online games are using a “free play” model, but trying to generate revenue from ancillary sales (“fremium games”). How do state gambling laws determine if a person has provided consideration for the opportunity to win?
What makes a game, contest or activity gambling under state gambling law?
A confusing patchwork of state laws govern gambling and often don’t anticipate new technologies or games.
The Ninth Circuit Court of Appeals has ruled that the “Desert Rose Casino” internet bingo game is illegal: a game operated from tribal lands in California but taking wagers from persons in California located off-reservation. (California v. Iipay Nation, 898 F.3d 960 (9th Cir. Aug. 2, 2018)). Although this conclusion seems obvious, the Court’s decision […]
The Ninth Circuit Court of Appeals recently held that a plaintiff who played free online games and purchased virtual credits to extend game play could state a claim for illegal gambling under the laws of the State of Washington. Big Fish’s games included traditional casino games like craps, slots and blackjack. The court wrote: “… […]