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Skill gaming is strongly tipped to become the next
billion dollar market in the online gaming industry with games
such as Scrabble, Chess, Backgammon, Solitaire,
Bridge
and of course Rummy
growing in popularity at an incredible pace. Although
recent legislation in the United States
appears to classify Poker as a game of chance, there
is a strong movement towards recognising Poker as a
skill based game. Judge Thomas A. James Junior of
Columbia County in January 2009 presided over a case
in Pennsylvania state, in which it was decided that
in Texas Holdem Poker, "it is apparent that skill
predominates over chance" thereby removing Poker
from the definition of illegal gambling for the
state.
Some states equate all forms of online gaming for
money with gambling but many argue that distinctions
drawn between games classified as skill or as luck
are vague and lack consistency across jurisdictions.
There are very few precedents and the debate seems
to be ongoing, particularly in the United States. People often compare Poker with Rummy concerning the level of
skill versus luck. Certainly one can say that the
situation of the hand in almost all Rummy games is
constantly changing as the draw and discard process
evolves through the course of a game. Decisions are required on
the play of almost every card and such decisions can
materially alter the likelihood of a positive
outcome for a given player.
Of course, luck or chance does play a part with all games
due to nature or a randomizing device such as dice,
playing cards, a coin flip or a random number generator
employed within gaming software. Rummy is no different and therefore the laws of probability do enter the
game. Every player will invariably run into a streak
of what can be considered good or bad luck but it is
important to note that this does not characterise the
game and invariably skilled players are playing
against real opponents and therefore will win hands on
a much more consistent basis than those who are less
skilled.
LUCK
ROULETTE
BINGO
BLACKJACK
POKER
BACKGAMMON
MONOPOLY
RUMMY
BRIDGE
SCRABBLE
CHESS
SKILL
Its very difficult to rank games in terms of
luck or skill but a number of them fall into the category of
requiring a larger amount of skill and
strategy versus luck and chance, such as for
example,
Chess, Scrabble and card games such as Bridge.
According to an article published by
Associated Content: "Rummy and a variety
of other card games are great for building
critical thinking skills ... people enjoy games
such as Rummy, Gin, and Bridge because they
are social activities that also promote a
sense of relaxed competition. Rummy and other
such games require a fair bit of thinking and
like Chess ... causes the brain to work
out problems ..."
According to the statutes of most
US states and US Federal statutes, gambling is defined asrisking
something of value upon the outcome of a contest of chance. Rummy is a game based on skill and not
actually considered to be gambling and hence it is not
illegal play Rummy for money in most countries. The courts in the United States have ruled in the past
regarding Gin Rummy and the
legality of skill games. Taken from How to
Win at Gin Rummy, Pramod Shankar, Ph.D. (First Carol Publishing Edition,
1997. page 76):
"In mid-1960s a Las Vegas-based Gin Rummy tournament was
promoted by mailing flyers to players. The post office objected on the grounds
that it was illegal to promote a "game of chance" (a lottery) through postal
services. This case ended up in court. After listening to the testimony of
experts that included statisticians and several prominent players, the US
District Court of Las Vegas on February 23, 1965, ruled that Gin Rummy is indeed
a game of skill."
Gin Rummy is perhaps one of the most simple of all Rummy games and therefore
it is fair to assess that, on the face of it, if Gin Rummy is regarded as a game of skill, certainly
almost all other Rummy games which introduce greater complexities of play
require skills that can only be acquired through experience, attention and many
hours of play. One of the key skills in these games is the ability to keep track
of those cards that have already been played (the cards in your own hand, those
that have been played by yourself and your opponents) and to make an assessment
of what cards may remain in play such as those hidden in the stock pile and in
the hands of your opponents. Therefore they will involve a larger array of skill
influencing outcomes.
The most recent US Federal legislation of September 30, 2006 - H.R.4411
"Internet Gambling Enforcement Act of 2006" Sec. 5362 defines illegal betting or
wagering as including "the purchase of a chance or opportunity to win a lottery
or other prize (which opportunity to win is predominantly subject to chance)".
The new Federal legislation includes a specific allowance for online
competitions in games of skill, such as those offered in the form of Rummy
games. Therefore skill gaming is in the same position that it was in before the
bill, in other words it remains legal in the majority of US States. The bill
does not alter the definition of gambling or the legality of skill games.
"If skill games are not unlawful under applicable state or Federal law, then
they are not unlawful under this Act. The sponsors of this legislation
repeatedly asserted that nothing in this Act converts currently legal activities
to unlawful activities," stated Anthony Cabot, an attorney with Las Vegas
law firm Lewis and Roca, who is considered to be a leading authority on
legal gaming and issues relating to online gambling software.
In an older decision (re
Allen) held in a court in California, the general rule was set out: "It is
the character of the game rather than a particular player's skill or lack of it
that determines whether the game is one of chance or skill. The test is not
whether the game contains an element of chance or an element of skill but which
of them is the dominating factor in determining the result of the game." The
outcome of a hand of Rummy is predominantly based on the player's skill. Each
player in the game receives an equally random set of cards but then spends
the rest of the game giving and taking cards and so the hand becomes one
which he develops on his own accord. Therefore the winner is determined by how quickly and
how skillfully
each player approaches the game. Such games offer talented players the
opportunity to actually make money over time rather than always lose money such
as in an online casino where the "house" always wins over the long run.
As once noted by an Arizona Supreme court: "Paying an entrance fee in order to
participate in a game of skill ... in the hope of winning prize money guaranteed
by some sponsor to successful participants, is a traditional part of American
social life. We are reluctant
to adopt a statutory interpretation which would turn sponsors of golf, tennis or
bridge tournaments ... and the like into class 6 felons ... it is
difficult ... to find any moral imperative for a sweeping interpretation of a
gambling statute in order to make the sponsor of a crossword puzzle contest a
criminal while his next door neighbor, betting a dollar with the state to win a
million in the state lottery, is a virtuous citizen" (from Am. Holiday Ass'n 727
P.2d at 812).
Our features are constantly subject to review. If you have some feedback on this article or can suggest some corrections, we would appreciate you letting us know so that we can amend it. Please contact us via
support.