“Poker players, whether they play online or in brick-and-mortar casinos and card rooms, agree winning consistently depends largely on skill, even though an element of luck comes into play with the turn of the cards.
The “luck or skill” question could factor heavily in a judgment on whether a ban on Internet gambling–particularly poker–is legally justifiable.
Under U.S. common law, games that are predominantly chance are considered gambling, while those that are mainly skill are not. Poker, both low-stakes and high-, has proven to be the biggest draw for online casinos.
Case law has cut both ways. In 1989, a California circuit court judge found poker to be a game of skill. The decision kept the state’s card rooms open. In 2005, however, a North Carolina state judge called poker a game of chance, allowing local authorities to shut down a card room…”
Heartland Institute (07/01/07)
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