Apparently having a legal discussion that requires nuance is impossible in this forum.
replyYes I think what they are doing is illegal and they should not be permitted to operate outside the gaming regulations of individual states.
But it doesn't matter what I think. I was trying to have a conversation about the gray areas and why we don't just send people straight to jail for trying out a new, novel, (and potentially illegal), business model.
The courts are figuring it out.
The point of my original post, which I think the one youre responding to aligns with, is that we shouldn't have to "wait for the courts to figure it out." Illegal things should be illegal as a matter of the written law, not dicta from jurists. To do that we need legislators that will write narrow laws not influenced by the industry they are regulating, not tied to a poison pill budget proposal, etc...
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