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Old 10-30-2007, 01:40 PM
YoureToast YoureToast is offline
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Join Date: Nov 2002
Posts: 1,084
Default Re: BarryG - Online Poker should be legal in 6 months

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Usually I post in the Legislation forum. However, I thought that I would clarify some matters for this discussion. One, neither the IGREA nor Rep. Wexler's bill to exempt skill games, including poker, from federal anti-gambling legislation conforms to the WTO decision. To conform to the WTO decision the US must (1) permit foreign firms to offer all online gambling services to US citizens without regulation or taxation of these firms or (2) prohibit offering all online gambling including horse racing, state lotteries and fantasy sports in the US for both domestic and foreign firms. Two, any federal legislation in this area will supersede any current state law. The state laws that prohibit online gambling likely violate the commerce clause of the US constitution. Any attorney in the state of Washington has already filed litigation challenging its recent ban of online gambling. Also, these state laws violate the WTO decision.
If Barry is right and the pending WTO sanctions (granting of IP sanction to Antiqua will by the key) force compliance efforts by Congress, then any regulation or taxation, outside of normal income taxes paid by individuals, can only affect US companies operating on US soil that enter the online gambling market. No country attempts to regulate or tax foreign firms that operate online gambling sites and offer these services to its citizens. Even the recent UK legislation only affected firms operating on UK soil. Some left the UK due to the high tax rate of the UK recent legislation.
IMO, if Congress acts it will be due to pressure on the Dems from the music and entertainment industry caused by the WTO granting Antiqua the right to ignore US IP laws or it will be due to court decisions against the UIGEA, due any day, or against the Wire Act in the BetOnSports case.
I agree that Mr. Greenstein will be a excellent representative for poker players, but he will need help from one or more of these events.

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This is a good summary.

Why don't we get some people over in the software forum (I would help) to cut to the chase and build "Napster Antiqua"...Lets get the ball rolling on a real, true file/music sharing service that will kick the music industry in the ass. This will cause the music industry to put pressure on Congress, which will then have to make a decision, either to ban or allow it. They won't ban it cuz the horse racing industry would be up in arms. As soon as poker is legalized in the US, the file sharing site can be abandoned.
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