Distributing Poker and other related Software in the US

[-Nemesis-]

Correct me if I'm wrong...

Distributing poker software is still legal under Federal Law.

There are states that have state laws against Online Gambling, including IL, IN, LO, NV, OR, SD, WA, WI ...

It is illegal to distribute and posess Poker and other Related Software in those states.

[-Nemesis-]

Cmon people! Lets get some answers in here....

BonusWhores folks, you are on the forefront of this...Can you get in this one please...

Here is a link to a Bill Frist corruption video....
http://video.google.com/videoplay?docid=3245674771912269846&q=gambling+ban &hl=en

[jlkrusty]

[ QUOTE ]
Correct me if I'm wrong...

Distributing poker software is still legal under Federal Law.

There are states that have state laws against Online Gambling, including IL, IN, LO, NV, OR, SD, WA, WI ...

It is illegal to distribute and posess Poker and other Related Software in those states.

[/ QUOTE ]

Huh? Please quote me the statute that says you can't possess a poker game for the Play Station (or something simimlar) that uses only play money.

This just doesn't sound right. There is no law (that I know of) against using "play money." Thus, there can be no prohibition against virtually all poker software. You possess the software for recreational purposes only; therefore, you are not gambling. I think this holds true for things like Poker Traker, AceHud, and Poker Office as well.

[-Nemesis-]

Here is part of WA state anti-gambling bill, which clearly states that possesion of software which could be used to make a bet or a wager is a class C felony. It does not matter wheather u were wagering with it, or not.

RCW 9.46.0241
"Gambling device."

as used in this chapter, means:

(1) Any device or mechanism the operation of which a right to money, credits, deposits or other things of value may be created, in return for a consideration, as the result of the operation of an element of chance, including, but not limited to slot machines, video pull-tabs, video poker, and other electronic games of chance;

(2) any device or mechanism which, when operated for a consideration, does not return the same value or thing of value for the same consideration upon each operation thereof;

(3) any device, mechanism, furniture, fixture, construction or installation designed primarily for use in connection with professional gambling; and

(4) any subassembly or essential part designed or intended for use in connection with any such device, mechanism, furniture, fixture, construction or installation.

In the application of this definition, a pinball machine or similar mechanical amusement device which confers only an immediate and unrecorded right of replay on players thereof, which does not contain any mechanism which varies the chance of winning free games or the number of free games which may be won or a mechanism or a chute for dispensing coins or a facsimile thereof, and which prohibits multiple winnings depending upon the number of coins inserted and requires the playing of five balls individually upon the insertion of a nickel or dime, as the case may be, to complete any one operation thereof, shall not be deemed a gambling device: PROVIDED, That owning, possessing, buying, selling, renting, leasing, financing, holding a security interest in, storing, repairing and transporting such pinball machines or similar mechanical amusement devices shall not be deemed engaging in professional gambling for the purposes of this chapter and shall not be a violation of this chapter: PROVIDED FURTHER, That any fee for the purchase or rental of any such pinball machines or similar amusement devices shall have no relation to the use to which such machines are put but be based only upon the market value of any such machine, regardless of the location of or type of premises where used, and any fee for the storing, repairing and transporting thereof shall have no relation to the use to which such machines are put, but be commensurate with the cost of labor and other expenses incurred in any such storing, repairing and transporting.

[Sniper]

Software would not fall under the definition of "Device" /images/graemlins/wink.gif

[-Nemesis-]

[ QUOTE ]
Software would not fall under the definition of "Device" /images/graemlins/wink.gif

[/ QUOTE ]

Computer is a device, and equipped with proper software, it's a gambling device.