“Poker is not a crime in South Carolina or anywhere else, and we are grateful to the court for compiling the overwhelming evidence that proves this case and protects the rights of players,” said John Pappas, executive director of the PPA.  “This ruling is fully consistent with the declarations of other judges and juries across the country that Texas Hold’em is clearly a game of predominant skill and adults who play should not be criminalized.”

Five individuals had been convicted of illegal gambling.  The trial court found that poker is a game of skill, but left it to a higher court to decide if state gambling laws were overly vague.  The higher court agreed and reversed the convictions.  In addition to holding that the law was overly broad and vague (as it could be used to convict anyone playing poker in their home), the court embraced the use of the predominance test, citing the “overwhelming” evidence that skill dominates chance.

“All poker players are well aware that the game is based on making the correct, informed decisions, not just mere chance, and games of predominant skill should not be classified in the same league as slot machines or lotteries,” said John Ridgeway, South Carolina State Director of the Poker Players Alliance.  “We’re very pleased that the judge considered the overwhelming evidence and came to the same conclusion.  This is a well deserved legal victory for the players, the American game of poker, and for common sense under the law.”

PPA’s Litigation Support Network has been involved in a string of legal victories by providing expert witnesses, preparing arguments for trial, and filing amicus briefs with the courts.  For more information on these cases and a copy of the judge’s order, please visit. www.theppa.org.

About The Poker Players Alliance

The Poker Players Alliance (www.theppa.org)  is a nonprofit membership organization comprised of over 1,000,000 online and offline poker players and enthusiasts from around the United States who have joined together to speak with one voice to promote the game and to protect poker players’ rights.

Read full story here on Global Post

The announcement was made by Representative Pat Garofalo, who indicated that the matter was concluded after “the legal position underlying the issuance of the notices was reconsidered.”  Garofalo specifically credited the PPA and the Interactive Gaming Council with contributing to the conclusion of the matter.“This is a great day for internet freedom,” said Garofalo. “In the spirit of cooperation and in recognition of the rescission of these notices, I am more than happy to withdraw my bill and in its place sponsor a discussion aimed at establishing a framework for regulating and licensing the online gaming industry.”

“Minnesota poker players made our voices heard, the state listened and ended its ill-advised and improper attempt to circumvent the rights of Minnesota poker players,” said Matthew Werden, Minnesota State Director of the Poker Players Alliance. “We commend Representative Garofalo for literally taking this misguided effort head on and resolving it without incident.”

“We are extremely proud of our membership for unifying so quickly and effectively in opposition to this action,” said John Pappas, Executive Director of the PPA.  “We look forward to working with all parties involved to reach a sensible framework for regulation of this 21st Century pastime.”

For more information please visit www.pokerplayersalliance.org

About The Poker Players Alliance

The Poker Players Alliance (www.pokerplayersalliance.org)  is a nonprofit membership organization comprised of over 1,000,000 online and offline poker players and enthusiasts from around the United States who have joined together to speak with one voice to promote the game and to protect poker players’ rights.

The report can be viewed here (technical content):

http://www.cigital.com/resources/poker/100M-Hand-AnalysisReport.pdf

“We are humbled by Judge Duffy’s thoughtful decision and applaud the effort put forth by the legal team defending these poker players,” said John Pappas, executive director of the PPA.  “The positive language in this ruling comes on heels of other key legal victories for the rights of poker players in Kentucky, Colorado, and Pennsylvania. It’s becoming quite clear the legal community agrees that this great American pastime is a game of predominant skill, not luck, and should not be considered gambling under the law.”

The defendants were charged with playing cards in a “house used as a place of gaming” and under South Carolina law, the term “gaming” means “gambling.”  PPA argued that the Court should adopt the rulings of other courts that gambling refers to a game in which the outcome is determined predominantly by chance, not by skill.

PPA provided for expert testimony, making the compelling case that poker is a game of skill involving the making of correct decisions rather that mere chance, and therefore not illegal gambling.  The South Carolina Court found that testimony persuasive and found that poker is a game of skill.

“While I am disappointed that the judge found my clients guilty by holding them to a standard that is not defined by the law, there are many positive elements that we can take from this opinion as we prepare for the appeal,” said Jeff Phillips, the lead attorney for the five defendants in South Carolina.  “Our solid legal arguments were superbly supported by the expert testimony arranged by the PPA.  The testimony of Mike Sexton and Professor Robert Hannum were invaluable and helped explain the skillful essence of poker to the court.  We are grateful for their involvement in this case.”

The trial court recognized that this is an “easy case” for acquittal if the proper test under South Carolina law is whether a game is predominantly one of skill.  But it concluded that a higher court must decide that issue.  PPA will work with the defendants to promptly appeal the case, and they expect to prevail through that appeal.  The Justices of the South Carolina Supreme Court who have addressed the issue have concluded that – consistent with the rulings of other states – the “predominance” test is correct.  In addition, the South Carolina Attorney General has expressly embraced the predominance test.

PPA has also been involved with a string of victories within the last three weeks.  Like the court’s finding in South Carolina, in Pennsylvania, Judge Thomas James, Jr. ruled that poker is predominantly a game of skill.  The Pennsylvania court took the next step and threw out 20 charges against the defendants, who held a poker game in their home.  Later in the month a Colorado jury found defendant Kevin P. Raley not guilty, again because the jurors found the poker league he formed was playing a game of skill, not chance.

“The court’s finding is a tentative victory for poker players and all concerned with the rights of individuals to play this game with their friends in their own home.” said John Ridgeway, the South Carolina State Director of the PPA.  “Poker is a game of skill that is enjoyed by thousands of South Carolinians, and we applaud the judge for recognizing that important distinction.  We expect a higher court to agree that under the proper standard, it is not illegal to play a game of skill.”

PPA’s Litigation Support Network has been involved in each of these cases by providing expert witnesses, preparing arguments for trial, and filing amicus briefs with the courts, which can be found along with a copy of the ruling at www.pokerplayersalliance.org.

The player who shows the greatest return will be featured on the cover of an upcoming issue of BLUFF Magazine.  “We wanted to find a way to recognize the best players online and give them a real challenge,” said Eric Morris, co-founder of BLUFF Media.  “By putting the winner on the cover of BLUFF we’re not only recognizing the achievement but also giving the players something to play for.”

To make the event as challenging as possible, players will not be permitted to reload their account at any time and only SNGs and MTTs are allowed.  Players are prohibited from playing in cash games as part of the challenge.  BLUFF Magazine will provide all participants with a Flip video camera to allow them to video blog on BLUFFMagazine.com. Players will be uploading new video posts on a daily basis throughout the challenge.

“The video blogs will give our readers some insight as to how these players are building their bankroll,” said Morris.  “Hopefully our readers will not only enjoy watching the competition but learn something from the videos as well as they build their own bankroll.”

Lock Poker is giving away one exclusive invitation to the challenge.  Beginning February 1st and running until February 28th players can play at LockPoker.com for a chance to win an invitation to the BOPC.  The person who collects the most Frequent Player Points over the month will be invited to participate.

The 40th annual WSOP will conclude with the $10,000 buy-in World Championship No-Limit Hold‘em Main Event which begins play Friday, July 3, 2009 and reaches its final table (nine players) on July 15, 2009, at which time play will be halted.  Final table play will be held from November 7-10, 2009.  The 4-month break, which was initiated last year to allow ESPN to televise the tournament without viewers knowing the winner, boosted ratings for the same day broadcast of the final table by 50 per cent last year, according to officials.

Among the highlights of the 2009 schedule:

· 57 gold bracelet events over 50 days.
· A “stimulus special” $1,000 buy-in No-Limit Hold’em tournament on the opening weekend, May 30-31, 2009, which is anticipated to draw the largest-ever live tournament field outside the Main Event and offer a prize pool approaching $5,000,000.
· 10 “World Championship” $10,000 buy-in events (“World Championship” refers to tournaments with a buy-in of $10,000 in each of the various disciplines of poker).
· The third annual $50,000 buy-in H.O.R.S.E. tournament, with an enhanced gold bracelet and the Chip Reese Memorial Trophy awarded to the winner.
· A one-time commemorative gold bracelet event, a $40,000 buy-in No-Limit Hold’em tournament to help mark the 40th annual WSOP on Thursday, May 28, 2009.
· Seven open $1500 buy-in No Limit Hold’em tournaments, the most popular events in poker.
· The 3rd annual Ante Up For Africa $5,000 buy-in No-Limit Hold’em celebrity and charity tournament on Thursday, July 2, 2009, (the day before the Main Event begins) featuring the opportunity for anyone age 21 or older to enter and be seated at the same table as A-list celebrities and top poker pros.
· The Ladies Only No-Limit Hold’em World Championship on Sunday, June 7, 2009, featuring a $1,000 buy-in and helping to raise awareness for the Nevada Cancer Institute, the official community relations partner of the World Series of Poker.
· The Seniors Only No-Limit Hold’em World Championship on Monday, June 22, 2009 for all poker enthusiasts 50 years of age or older.
· The return of the “November Nine” where the nine finalists of the Main Event (July 3-15) return to the Rio on November 7-10, 2009 to vie for the multi-million dollar prize and the title of 2009 World Champion of Poker in front of a live audience with special prime time coverage on ESPN.

“Whether you play poker around the kitchen table or consider yourself a professional, you will find a comfortable seat at the 2009 World Series of Poker,” said Jeffrey Pollack, commissioner of the World Series of Poker. ”This year’s schedule offers more variety than ever before and we look forward to welcoming players from around the world to the Rio for our 40th annual extravaganza this summer.”

Gold  bracelet tournaments will begin at 12 noon or 5 PM Pacific Time each day, with a maximum of 10-one hour levels being played for the noon starts, while the 5 PM events will play a maximum of 8 one-hour levels.  For those fortunate enough to advance past the first day, re-starts for noon bracelet events will begin at 2 PM, and 5 PM tournaments will restart at 3 PM with a maximum of 10 levels being played each day until a champion is crowned.

Pre-registration for the 2009 WSOP will begin in late February on-site at the Main Cage of the Rio in Las Vegas and online through www.worldseriesofpoker.com.

Under Colorado law, illegal gambling “means risking any money, credit, deposit, or other thing of value for gain contingent in whole or in part upon lot, chance, the operation of a gambling device, or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control, but does not include bona fide contests of skill.”

Gary Reed, Colorado State Director of the PPA, had this to say about the ruling: “The PPA is pleased with the outcome of this case. It is further confirmation that poker is indeed a game of skill, not chance. At the same time, the not guilty verdict cements the rights of Colorado citizens to enjoy the American pastime of poker and will allow law enforcement to use its scarce resources to investigate real unlawful activity in the state, not poker games.”

“Today’s ruling is the third victory for the poker community in less than a week, following on the heels of verdicts in Kentucky and Pennsylvania that protect an individual’s right to play poker at a time and place of their choosing,” said John Pappas, executive director of the PPA. “The momentum continues in our favor, and the PPA will continue to champion such causes in other states as well as at the national level.”

All eyes now turn to South Carolina, where attorney Jeffrey Phillips is going to court on February 13 to make similar arguments in defense of five SC poker players charged over two years ago.

After the favorable PA ruling, Phillips said, “it might make it a little easier for our judge to follow suit.” With the addition on the Colorado ruling, Phillips may well end up flush with success.

The appellate court was provided powerful arguments from a strong coalition of independent voices who opposed the Franklin Circuit Court ruling. Groups like the Poker Players Alliance (PPA), the ACLU of Kentucky and the Electronic Frontier Foundation all successfully weighed in with the appellate court from a variety of legal perspectives.

“This is a tremendous victory for Internet freedom and the rights of Kentucky residents who enjoy playing online poker,” said John Pappas, Executive Director of the Poker Players Alliance. “We are pleased that the appeals court has forcefully reversed Judge Wingate’s earlier ruling and confirmed many of the arguments that have been raised in opposition to the seizure effort.  The Court of Appeals has agreed with the PPA’s position that Judge Wingate did not have jurisdiction to issue the order that he entered against these domains and that Secretary Brown has no legitimate right to deprive the citizens of Kentucky of the legal right to play poker online.”

“On behalf of the thousands of PPA members who live in Kentucky, we hope that Governor Beshear and Secretary Brown will abandon this misguided effort and focus new energies into regulation and taxation of Internet poker,” said Rich Muny, Kentucky State Director for the PPA, who resides in Union, KY.  “This common-sense approach would benefit Kentucky’s poker enthusiasts and the revenue will benefit the state as a whole.  Rather than spending hard to find dollars on this case, the Governor could actually turn this into a much needed new revenue stream for the Commonwealth.”

The Interactive Gaming Council (IGC) also expressed its support of the ruling.

“As a result of the appeals process an informed and judicious decision has been made, which confirms our original views on these proceedings. IGC members are pleased and we stand committed to continuing our advocacy of a regulated online gaming industry.  The IGC strongly believes that if policy makers want to protect children, individuals that suffer adverse consequences of excessive gambling and the general public, the true and only response is regulation,” stated John Kennedy FitzGerald, IGC Chief Executive Officer.

FitzGerald went on to say, “The IGC took a leadership role in advancing these proceedings on behalf of internet businesses everywhere and our organization is humbled by this decision and by the overwhelming support received from internet businesses and free speech organizations everywhere and we wish to thank them for their support throughout this process.”

“This is a very important decision for anyone doing business on the internet,” said Jeff Ifrah, counsel for the Interactive Gaming Council (IGC). “We hope this will prevent misguided state officials from considering litigation against on-line industries located outside of its state boundaries. While this proceeding was ill conceived, the judicial process was permitted to properly function for which we are grateful. The Court of Appeals has now corrected a fundamental misunderstanding by the trial judge in this proceeding regarding the nature of the internet and the legality of online gaming in Kentucky,” said Ifrah.

Here’s the hand history:

Stage #1162170993: Holdem (1 on 1) Normal $200/$400 – 2008-12-20 04:15:23 (ET)
Table: FIR AVE (Real Money) Seat #4 is the dealer
Seat 4 – PHILHELLMUTH ($4495 in chips)
Seat 6 – DOUBLEBALLER ($7494 in chips)
PHILHELLMUTH – Posts small blind $100
DOUBLEBALLER – Posts big blind $200
*** POCKET CARDS ***
PHILHELLMUTH – Raises $300 to $400
DOUBLEBALLER – Raises $400 to $600
PHILHELLMUTH – Raises $400 to $800
DOUBLEBALLER – Calls $200
*** FLOP *** [Js Kc Kh]
DOUBLEBALLER – Checks
PHILHELLMUTH – Bets $200
DOUBLEBALLER – Raises $400 to $400
PHILHELLMUTH – Calls $200
*** TURN *** [Js Kc Kh] [2h]
DOUBLEBALLER – Bets $400
PHILHELLMUTH – Raises $800 to $800
DOUBLEBALLER – Raises $800 to $1200
PHILHELLMUTH – Calls $400
*** RIVER *** [Js Kc Kh 2h] [9c]
DOUBLEBALLER – Bets $400
PHILHELLMUTH – Calls $400
*** SHOW DOWN ***
DOUBLEBALLER – Shows [Kd Qh] (Three of a kind, kings)
PHILHELLMUTH – Mucks
PHILHELLMUTH Collects $5599 from main pot
*** SUMMARY ***
Total Pot($5600) | Rake ($1)
Board [Js Kc Kh 2h 9c]
Seat 4: PHILHELLMUTH (dealer) (small blind) won Total ($5599) HI: ($5599) [Mucked] [2s 10s]
Seat 6: DOUBLEBALLER (big blind) HI:lost with Three of a kind, kings [Kd Qh - B:Kh,P:Kd,B:Kc,P:Qh,B:Js]

When he was made aware of it, UltimateBet’s COO, Paul Leggett, quickly addressed this latest problem on the UltimateBet Blog: “Earlier today we learned about a poker hand where our system paid out the losing player instead of the correct winning hand.  The hand number is #1162170993. We are investigating this software malfunction as our absolute top priority. This is the first incident of this kind we have encountered. We are currently examining the poker system and the application logs in order to pinpoint the cause of this malfunction.”

No word if Phil Hellmuth’s super-user account had been locked yet.