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 Originally Posted by rpm
well, americans can go to a casino and lose as much of their net worth as they want (if they're losing enough, the casino will probably entice them to stay with free/cheap suites and drinks etc. they certainly do that here in oz) playing games of skill, such as poker or blackjack as well as games of pure chance (and certain long-term loss) such as roulette, 5bazillion different types of slot machine, cash wheels, bingo tickets, etc etc name your game
and americans cannot go online and play poker for money.
thus leading me to believe it's illegal because it's online. as contrasted to being legal when played at a casino.
This maybe where the misunderstanding lies. I've not been told that I can't go online to play poker for real money and I've never heard of a federal law that states that. This is one reason why the DoJ can't go after players.
Now, I understand that PS, FT and UB are not allowing US players right now, but I think a lot of that is because they are being indicted and were forced to stop providing the service to us under the indictment. It also stands to reason that they don't want us transferring funds to and from other people on the site while they get this all figured out.
I, for one, am really upset. I've never deposited money onto those sites. I built my bankroll by being staked for $50 and went from there. I've paid my $50 back and the money that is sitting in my accounts are money I won/earned.
Where the poker/sports betting analogy falls apart is that if you use the legal definition of gambling found here: Gambling Law & Legal Definition
A person engages in gambling if he stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence,
You'll see that sports betting is a future contingent event not under his control or influence. Any poker hand, unless you're all in preflop, you can influence the hand and/or how much you win by the choices you make, regardless of the hand you have. Sports betting, you can make informed decisions on who to bet on and what spread to take, but, ultimately, it's other people who will decide the outcome of that particular event and therefore it is outside your control, once the initial wager is placed.
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