Games of Skill Still Acceptable in the U.S. Despite the UIGEA
December 26, 2006, U.S. based poker players can be reassured by the fact that games of skill have not been banned online as a result of the UIGEA yet. Nonetheless, the very definition of a "skill game" remains a hotly debated issue. One of them is poker, which was once thought to be a game of skill, but is currently considered a game of chance by U.S. legislators. In order to be considered a game of skill, the important elements of skill must be present or predominant over chance in determining the outcome.
The best known games of skill that are played for cash, which are easily accessible by players in the United States through online sites, are fantasy sports leagues. It is still unknown whether this also violates the UIGEA in the United States. U.S. Poker players seeking new ways to entertain themselves are turning to Backgammon websites, which have seen a huge rise in online memberships recently.
However, these sites still would not accept U.S. based players, even though Backgammon is categorized as a game of skill. Both Backgammon and Gin Rummy have been filed against in the U.S. courts claiming that they are not games of skill. Nevertheless, it has already been decided that these are both games of skill, not chance. Therefore, even with the passage of the UIGEA, Backgammon and Gin Rummy are still legal in the United States. The UIGEA has no effect on the definition of games of skill whatsoever.
Gambling lawyer, Anthony Cabot, commented that if skill games are not disallowed under applicable state or the Federal Law, then they are not violating the UIGEA. The main authors of this act repeatedly said that there is no clause that will convert legal activities to illegal activities.
It is just sad that in Israel, a country where Backgammon is considered the national past time, they are currently cracking down on online gaming sites, including sites that feature Backgammon. Authorities issued a warning last Wednesday to the maintainer of an online backgammon website that they are in violation of gambling laws because the site's games are "allegedly" allowed to be played with money.
Backgammon website, Play65.com, has been warned by officials that it must stop its players from gambling on the outcome of the game with real money, even though the game of Backgammon itself or gambling with virtual money on the site is not illegal.
01/03/2007 13:05 PM
Ashley Young
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