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6/13/2010 3:56:58 PM Legality Questions  

latestflame
Over 10,000 Posts!!! (11,091)
Germantown, TN
age: 33 online now!


Not sure where int he world the best place to ask this would be, but maybe some of you know.

1. Is there any law in the U.S. which would make anything illegal related to betting POINTS on sporting events? I made a sports betting system. You don't pay any real money. I know MSN would not let me advertise owith them in the past due to having a casino game on the site. But I would certainly not think it would be illegal to be betting points! I may make it where the points have value to get real prizes with, but still you gamble nothing in terms of money whatsoever

2. What is the best wording and manner of being sure when you release a program that you are not held responsible if someone hacks through it, if someone misuses your software, etc...? Any software can have an exploit discovered at some point and the software developer does not egt in trouble over it. I just want to be sure I word it properly to take any concern off of myself.

This is annoying when you make programs on your own and it's more for fun and only for forum sites and yet you can't even release them due to confusion over laws. And what person is going to pay a lawyer for something he stands to gain little off of? Heck a lot of forum modifications are free. I'm sure not paying for a lawyer where I can release a free program. lol

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6/13/2010 11:54:28 PM Legality Questions  

ylekiot
Over 7,500 Posts!! (8,183)
Stateline, NV
age: 54


Quote from latestflame:
Not sure where int he world the best place to ask this would be, but maybe some of you know.

1. Is there any law in the U.S. which would make anything illegal related to betting POINTS on sporting events? I made a sports betting system. You don't pay any real money. I know MSN would not let me advertise owith them in the past due to having a casino game on the site. But I would certainly not think it would be illegal to be betting points! I may make it where the points have value to get real prizes with, but still you gamble nothing in terms of money whatsoever

2. What is the best wording and manner of being sure when you release a program that you are not held responsible if someone hacks through it, if someone misuses your software, etc...? Any software can have an exploit discovered at some point and the software developer does not egt in trouble over it. I just want to be sure I word it properly to take any concern off of myself.

This is annoying when you make programs on your own and it's more for fun and only for forum sites and yet you can't even release them due to confusion over laws. And what person is going to pay a lawyer for something he stands to gain little off of? Heck a lot of forum modifications are free. I'm sure not paying for a lawyer where I can release a free program. lol


Latest~ There is a confluence of both federal and state laws and jurisdictions relevant to your project of building a sports handicapping website. Even without the presence of "real money", it would most likely be construed as a gambling website, anyway. Being in the industry myself and having setup race/sportsbook systems (Autotote via the LVDC - Las Vegas Dissemination Company, which serves as a "hub" for licensed book operators), I can tell you the laws are complex and extreme. With the advent of "offshore" sports wagering sites, which are often interpreted as being illegal by the Feds, the laws have become even more muddled, and enforcement (at least here by the Nevada Gaming Control Board) has become more escalated.

Trivia note: the first "legal" casino race/sportsbook was installed by Frank "Lefty" Rosenthal at the Stardust casino in Vegas in 1976. Rosenthal was later portrayed by Robert DeNiro as character Sam "Ace" Rothstein in the blockbuster film "Casino" in 1995.



[Edited 6/14/2010 12:16:03 AM ]

6/14/2010 3:53:44 AM Legality Questions  

latestflame
Over 10,000 Posts!!! (11,091)
Germantown, TN
age: 33 online now!


Well that doesn't give me an idea of what to do. If it's truly illegal to predict winners for fun then that's flat pathetic. And look at all the sites that have tournament pickem games every year. That's as much gambling/predicting as anything else and those are allowed.

6/14/2010 8:33:16 PM Legality Questions  

ylekiot
Over 7,500 Posts!! (8,183)
Stateline, NV
age: 54


Quote from latestflame:
Well that doesn't give me an idea of what to do. If it's truly illegal to predict winners for fun then that's flat pathetic. And look at all the sites that have tournament pickem games every year. That's as much gambling/predicting as anything else and those are allowed.


Latest, my reply wasn't intended to give you a definitive "idea of what to do", but rather just an overall observation based upon my experience as to what some of the inherent obstacles you may run across. In a venture such as yours, which is strictly "for fun", I'm not sure how any interstate commerce laws, for example, may be applicable to you - if at all. The next time I have a meeting with my legal people, I will pose the question.

6/15/2010 12:04:39 AM Legality Questions  

latestflame
Over 10,000 Posts!!! (11,091)
Germantown, TN
age: 33 online now!


Thanks.

6/17/2010 5:02:32 AM Legality Questions  

snowwy66
Over 1,000 Posts (1,046)
Salt Lake City, UT
age: 44


in this day and age. i wouldn't even attempt something like that. i don't want the fbi knocking on my door. the govt is cracking down on illegal online gambling.

but what might be legal is beyond me.

6/17/2010 1:35:59 PM Legality Questions  

latestflame
Over 10,000 Posts!!! (11,091)
Germantown, TN
age: 33 online now!


I just see so many well known sites which do have things like this where it's not real gambling. I see others make programs of the sort also so I spent a lotof time making it and assuming it was fine to do. If there is some legal issue, it's plains tupid. Fantasy baseball does include transfer of money and is NOT considered gambling, yet picking sprots winners for fun may be? Surely not.

6/17/2010 10:52:11 PM Legality Questions  

ylekiot
Over 7,500 Posts!! (8,183)
Stateline, NV
age: 54


Quote from latestflame:
I just see so many well known sites which do have things like this where it's not real gambling. I see others make programs of the sort also so I spent a lotof time making it and assuming it was fine to do. If there is some legal issue, it's plains tupid. Fantasy baseball does include transfer of money and is NOT considered gambling, yet picking sprots winners for fun may be? Surely not.


Technically, the wagering of funds and money changing hands on a fantasy baseball site is illegal, although it is seldom, if ever, enforced although there have been a couple of cases tested already in the judicial system. That is why, in some of my leagues, the verbiage is crafted to use terms like "cookies" in lieu of something more libelous in order to "conduct business". There have been several cases, including some menbers of the judicial system, who have been cited and have had to "officially" retire from participation in their respective fantasy leagues.

6/18/2010 3:46:30 AM Legality Questions  

latestflame
Over 10,000 Posts!!! (11,091)
Germantown, TN
age: 33 online now!


I think it depends which states you're in. It usually lists some where it's not allowed. it makes a note in the terms also that it's a "game of skill, not a game of chance" which takes care of any gambling accusation.

I see it as a combo of skill and chance.

Anyway someone talked to a gaming attorney earlier when I asked him about this and the attorney claimed it's legal if no money ever comes into play. So hopefully that is accurate. A game developer asked his lawyer so I would assume she would know what she's talking about.

6/18/2010 11:21:53 PM Legality Questions  

ylekiot
Over 7,500 Posts!! (8,183)
Stateline, NV
age: 54


Latest, are you familair with Dan Okrent and Glen Waggoner? They were the authors of the original book, "Rostisserie Baseball" (wrotten in 1980), and considered the founders of todays game of fantasy baseball. They ran into some of the legality questions early on that we are discussing. Subsequent to that, there have been prominent people, including attornies and a federal court judge, who had to answer inquiries about possible charges about illegal gambling for their participation in fantasy ball. Not to worry - nobody has ever been convicted of any charges playing fantasy ball. The only real targets are "wise guys" who "make book" and charge "vig" for their funding services.

Glad to hear that you found some info from legal counsel relevant to your venture. For myself, due to my position in the gaming industry, I have to "tread lightly" so as to not arouse the curiosity of the Nevada Gaming Control Board.

6/24/2010 8:27:54 PM Legality Questions  

latestflame
Over 10,000 Posts!!! (11,091)
Germantown, TN
age: 33 online now!


Now I'm wondering if using team names and logos violates any law. lol This is a mess trying to figure all of this out. I would guess that using logos may be... although they're sure shown all over the place online. Team names... I don't see how that could violate anything! Team names are told everywhere. I mean if you're betting on something you've got to know the team name you're betting on!

6/24/2010 9:28:49 PM Legality Questions  

ylekiot
Over 7,500 Posts!! (8,183)
Stateline, NV
age: 54


Quote from latestflame:
Now I'm wondering if using team names and logos violates any law. lol This is a mess trying to figure all of this out. I would guess that using logos may be... although they're sure shown all over the place online. Team names... I don't see how that could violate anything! Team names are told everywhere. I mean if you're betting on something you've got to know the team name you're betting on!


MLB team logos are copyrighted and technically, you would be in violation of the law, although realistically with the millions of .jpegs floating around in cyberspace, nobody would bother you over it. I personally have no issue with it - just sayin'. I do know that over here at ESPN, user profiles created with MLB logos as avatars are quickly deleted, a warning given, and after 3 strikes you're account is subject to an IP ban.



[Edited 6/24/2010 9:29:22 PM ]

6/24/2010 10:34:13 PM Legality Questions  

latestflame
Over 10,000 Posts!!! (11,091)
Germantown, TN
age: 33 online now!


surely team names are considered public domain though. I mean I'm sure you can;'t call your team a name being sued, but betting on who will win something surely you can use them for informational purposes. For instance all the sites telling scores... I'm sure they don't pay anyone to mention team names. Maybe to sue logos though... not sure about that.

6/27/2010 12:44:58 AM Legality Questions  

latestflame
Over 10,000 Posts!!! (11,091)
Germantown, TN
age: 33 online now!


I wonder who to ask about this stuff and be 100% sure. I wonder if any online lawyers answer simple questions for free or if I would have to pay some lawyer and how much it would cost. I am related to a judge so maybe I should ask him or something.

I want to know if it's legal to use team names when it's just listing them for you to pick one as to who will win a game, if using their logos is definitely illegal, if sports betting with points is ok, and if taking pictuyres of products and reviewing them is legal.