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Crazie Overstock LOSES Court Case in NC

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Blue Sky LOSES in Florida Court

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***BLUE SKY LOSES COURT CASE IN FLORIDA***

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A three-judge panel of the 1st District Court of Appeal (1DCA) upheld the revised decision, emphasizing that the “element of chance is inherent in [the game], given that it has a preset win/loss ratio … and that the game outcomes are determined by the machine by chance, via a random number generator.


When the first game is played, the outcome of the next game is automatically generated by the RNG and is stored in memory, and that outcome is displayed when the player presses preview for the next game,” it continued.


“There is nothing a player can do to change the outcome that is randomly generated by the machine from among millions of potential outcomes,” the ruling summarized.


Supporters of the Blue Sky games, which also are known as Version 67, have contended that the machines are legal because they include a “preview” feature that advises players of the outcome of the games.


But regulators and other critics have argued the preview feature doesn’t matter because the “random number generator” used to create the games equates to the definition of slot machines, which are games of “chance,” under state law.


Also, a key issue has been whether the slot-machine law applies to playing a single game or a series of games. While the outcome of the first “pre-reveal” game is known in advance, a player at the outset does not know the results of subsequent games.


The ruling, quoting a section of state law, said the determination of whether the games are illegal slot machines “turns on whether the user may receive something of value ‘by reason of any element of chance or any other outcome unpredictable by the user.’ 


The element of chance or unpredictability must be inherent in the machine itself.”

“We hold that the trial court was correct in determining that Blue Sky's Version 67 is a slot machine *because the element of chance is inherent* in it given that it has a preset win/loss ratio … and that the game outcomes are determined by the machine by chance, via an RNG (random number generator), and there is nothing the user can do to affect the outcomes,” said the ruling, written by appeals-court Judge Joseph Lewis and joined by judges James Wolf and Stephanie Ray. 


“Furthermore, Version 67 is a slot machine for the additional and independent reason that also inherent in it is an outcome unpredictable by the user. While it is true that the user is advised of the outcome of the game at hand ahead of time through the preview feature, the user cannot predict that outcome until it is randomly generated and then displayed by the machine. Nor can the user predict the outcome of Game 2 while playing Game 1.”


Fortune * NO CHANCE GAMES™ / PREVIEW PLAY GAMES™ *  eliminates chance and does NOT use a random number generator.  


Fortune games eliminates the element of chance via preview play that shows the next 3 game play results in advance. 


Fortune games and Fish games are backed by attorneys in NC, Florida and Alabama


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* What constitutes gambling law?


 Three elements of gambling:


1.  Consideration, 

money


2.  chance


3.  prize


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* Definition of bet:


Used figuratively in such phrases as 


all bets are off

 

to stress the uncertainty of a chance outcome



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* Definition of wager:


Money bet on an unpredictable, chance event


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* Definition of gamble: 


The playing of a game of chance for stakes


 To play a game for money or property


  with an unpredictable, uncertain, chance outcome


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Letter of the law is the only interpretation


By eliminating chance, there is no gambling


Fortune * NO CHANCE GAMES™ / PREVIEW PLAY GAMES™ *  eliminates chance and does NOT use a random number generator.  


Fortune games eliminates the element of chance via preview play that shows the next 3 game play results in advance. 


Fortune games and Fish games are backed by attorneys in NC, Florida and Alabama



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760.696.5000


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