Skill or Chance – Is it legal?

March 6, 2019

According to the number of times I get asked, there is clearly a misunderstanding about the role of skill in gambling. There is a misconception that if a game during which people can win or lose money has an element of skill in determining the outcome, then it must be legal. This was the argument that the US operators of Daily Fantasy Sports used when they promoted their product all over the US. We know how far that got them. Essentially, this is the Uber approach to the law: push the boundaries as far as you can while you gain market share, and then, if you are called out by the authorities for doing something illegal, you declare “mea culpa” and hope for a slap on the wrist.

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