Brazil - Penal contravention - Proving Poker to be a game of skill.

[Leo Bello]

Can anyone direct me to articles, or better yet, any kind of jurisprudence in a case that went to court on America, where it is pointed that Poker has the skill portion.
I am not saying that Poker is not gambling. What I want is to collect some data that can make the point in court that we can practice as a sport in Brazil.
We want to be able t make Tournaments in Brazil and for such we need to prove the skill point.
Can anyone help?

We already have collected material from Book and magazines, but I guess this forum is appropriate to point me to cour cases, and things like that, where we cna have openings. Or else, any detailed work trying to prove thios point (even if it doesn´t actually wokr or prove).

This is just the process of collecting data.

Thanks for the help.

[Zele]

It can't hurt to cite the popularity of poker shows on TV here, including on ESPN, which is an all sports network.

[Leo Bello]

Sure it won´t, and is already in plans. Only if someone has any kind of article or something with legal value, where it describes poker as a game of skill besides luck, it would help us more.

we need to find jurisprudence so as we can use it in court in Brazil.

[Leo Bello]

Any other help?

[Benjamin]

Anyone know the basis for it being legal in California? Wasn't there a court battle involved?

B.

[Lottery Larry]

Here's something that was in a thread on RGP

"Poker is a game of skill. It is a contest of abilities, more akin to bridge or chess than it is to gambling, in that more-talented players will prevail against less-talented players. Chance can and will affect short-term results, but skill separates winners from losers over time.

The claims of a few purported card counters and system players notwithstanding, skill can only mitigate your losses when you gamble, and chance rather than skill is the principal determining factor in your results. A California court said in 1938: "A game is not to be regarded as one of skill merely because that element enters into the result in some degree, or as one of chance solely because chance is a factor in producing the result. The test of the character of a game or scheme as one of chance or skill is, which of these factors is dominant in determining the result."

People v. Settles, 29 Ca App Supp 2d 781, 78 P 2d 274 (Appellate Department, Superior Court, County of Los Angeles, 1938)"

[AceFace]

But how do you define "gambling" ? You use the term without a definition, it could mean different things to different people.

When you're up against odds that guarantee -EV, then that's gambling, such as when you're up against the house odds in casinos, or playing the lottery. If skill can play such a factor as to ensure positive expectation, it shouldn't be considered the same thing.

[highhustla]

+EV gambles are gambles too. You might lose. As we know, poker is a game of skill, but you are still gambooooooooooooling when you play it.