Australians are struggling with inept government regulations as well, specifically the IGA (Interactive
gambling Act) which prohibits Aussie players from playing on Australian based
poker sites but NOT from playing on International poker sites. Yeah crazy I know - go figure
Surprisingly though some parts of our public service seem to show a semblence of intelligence.
Players from the USA may wish to quote from this report regarding all forms of gambling from the Australian Productivity Commission if and when they contact an elected representative.
http://www.pc.gov.au/__data/assets/pdf_file/0003/95682/gambling-report-volume2.pdf
Chapter 15 lists the pro's and con's of online gambling from an Australian and International perspective and in some places mentions the United States experience.
The whole chapter on internet gambling is 35 pages but mentions (among other things):
"Poker players perceive poker as a game of skill, rather than chance, and this has been
upheld by courts overseas... poker can be seen to be a much more pleasant, socially
interacting and entertaining pursuit… these attributes occur only in one other casino game,
blackjack, and then only as possibility, not as an essential component. (John Beagle,
sub. 249, pp.1-2)
It is our view that online poker requires greater levels of skill than betting on a random
outcome of a sporting event or other contingency. As such the IGA imposes an unfair and
unexplainable distinction between the two forms online gambling (wagering and poker) and
as a consequence, provides markedly different legislative rules … In some jurisdictions in
the US a ‘pre-dominance’ test is applied that rules a game to be a game of skill, if skills
predominate over chance. In some jurisdictions such as Colorado and Pennsylvania, courts
have ruled that poker is predominately a game of skill. Poker is also differentiated from other
forms of gambling in that it is played peer-to-peer with the dealer taking a cut, as opposed to
playing against the house. (Interactive Gaming Council, sub. 255, pp.21-22)
…the poker operator (whether terrestrial or online) has no stake in the final outcome. As
such, poker truly constitutes an activity wherein the individual participants match wits and
their skills against one another. This is part of the reason for the significant growth of poker
as an entertainment activity. It allows an environment to be created where players can meet
and participate in a game whose outcome is dependent on their skill. In this respect, it is no
different from other skilful games like bridge and chess… In addition to being a recreational
activity, the player to player format of online poker means there a social aspect to the game.
The game of poker is a special case and should be regulated as such, irrespective of how
other online casino games are treated. It is submitted that, at the very least the IG Act
should provide for an exemption to permit online poker games in a player to player format."
I hope this helps in some way.
