Okay, I know. It is one of the most chewed over hoariest issues ever made.
But, yes, you know, it's also one that really has not received a proper
analysis.
It has been written about endlessly course claimed in anger and discussed
until it has rusted sharp and left to die in the desert Sunday
A lot of pros who live on the game says salvia things like "Well, if it
was gambling, I could not do it professionally now, can I?"
But others, including Saint Doyle in Texas, is the entry that says
(paraphrasing now), "Of course it's games. Are you some kind of Bozo?
Although it does not mean that some parents are not better at it than
others. "
So, what should we make of all this? Is it bloody game gambling or not?
Let us start with the semantics: what exactly does a gambling mean?
The lexicographer problems
I penned the Dictionary of Psychology (4th Edition, Penguin Books --- buy
many copies, give them to your friends. I can use royalties) and struggled
with the term.
I decided that it is only logical to treat it as a setting in which
something of value at risk on the possibility of the final gain.
It seemed fairly simple, but unfortunately, this definition is found to
cover almost all the interesting things that people do. Buying stocks is
gambling, which is commodity trading, investing in property, getting
married, planting a tree, go to college, open a small business.
Each scare is gambling! - Which is of course true, but unlimited truth is
not very useful. To be practical we must dig deeper.
The legal issue
From a legal perspective, the issue turns on the setting of "dominance".
It is a game or company legally classified as gambling on luck and chance
predominates over skill.
You mean that small businesses can fail?
No one has ever claimed to open a small business is a "game" (although it
obviously is) because the standard interpretation is that the business
acumen of the holder is the most important factor and "dominate" all
contributions chance elements may play.
Lotteries and roulette wheels, slot machines and crap tables are all
unambiguously classified as "G" as the overriding factor for the final
outcome is random.
For a better part of our history, poker was considered by the courts as
"gambling" due to good luck was the dominant element.
More than a judge or legislator has heard statements saying that "Whoever
ultimately wins is the player who shows the best hand, and it is fortunate
in the draw" - which, of course, to prove that he / she does not know dick
about poker .
This legal status is important because it allows states and nations that
have anti-gambling statues that criminalize the game.
Recently a number of important judgments in the U.S. has made this
interpretation around.
In Colorado, Pennsylvania and North Carolina judge and jury has decided
that in fact the skill element override chance factors and that, in legal
terms, poker is not gambling.
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