[NCAces]

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Second, many people make the comment that if players don't like the WPT release, they can simply choose not to play. That is true. However, what if you wish to play in an open-to-the-public big-buyin televised tournament? Other than the WPT, where can you do this? The WSOP, of course; as well as the U.S. Poker Championships at the Taj. So, for a month and a half in Vegas you can play the WSOP, and then with the Circuit events and the Taj that's another half dozen events per year. What else?

I know of no other options within the U.S. Events like the NBC Heads-up Championship and Poker SuperStars Invitational don't count, because they are not open to the public.

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I think the operative phrase here is "open-to-the-public big-buyin televised tournament?" And the key word is "televised." There are many "open-to-the-public big-buyin tournaments" that aren't televised. So many so that any tournament poker player wishing to make their living playing tournaments could do so. I believe that when you define your market, that is going to be your problem as to this argument. The fact is that you have ample income earning opportunities every week across the USA ... they just aren't televised.

This may also be where the 7 of you -- who have a lot to gain due to the "televised" aspect -- lose your connection with most other players who have little to gain (directly) by the "televised" aspect. For 99% of the poker players, being on TV is nice, but it doesn't result in any more money for them. Whether they are playing in a big buy-in tourney at the Commerce, or a WPT tournament doesn't matter to their pocketbook. I think that is why some people are attributing bad motives to you as a group and why they don't think you are representing poker players in general.

Personally, I think this is going to be your toughest claim to prove ... that in your market there aren't ample other opportunities for you to earn your living doing what you do.

I happen to think the WPT release stinks, so I hope you prevail. I just hope it is by settlement, not actually getting to the courtroom.

NCAces