In a groundbreaking legal battle, the State of Texas faces off against gambling machines in a case that could set a precedent for the future of such devices in the jurisdiction. The hearing, presided over by the 336th District Judge in Fannin County, marks the first time a Texas court is deciding the legality of these devices.

Skill Games Remain a Contentious Topic in Many Jurisdictions

Texas law explicitly forbids chance-based gambling machines. However, skill-based games circumvent existing restrictions and remain permitted despite their similarities. The legal scrutiny follows a county-wide seizure of gambling machines in March last year, impacting several locations. Fannin County District Attorney Richard Glaser and local law enforcement initiated the seizure, contending that the machines violated Texas gambling regulations.

A recent report by media outlet KXII revealed that the central question in this hearing was whether the 35 confiscated machines were skill-based or chance-based. Glaser firmly believes these machines operate on chance, making them illegal. If successful, the state plans to seize the machines and their proceeds. Such a move could also lead to more seizures, making business owners reluctant to invest in these devices.

These look like gambling machines, they play like gambling machines. We wanted to seize them all at one time.

Richard Glaser, Fannin County District Attorney

This ongoing legal battle mirrors a similar case in Pennsylvania, where a recent court decision deemed that skill games were legal. The decision caused significant backlash from the gambling sector, which claims that these devices, exempt from gaming taxes and oversight, threatened regulated operators and posed a danger to the public due to non-existent player protection measures.

The Machines Circumvent Existing Laws

While Pace-O-Matic, the company behind the devices, asserts that its games have been deemed legal in other parts of Texas, this hearing is the first instance of a court making a definitive decision. Joe Brown, a member of Pace-O-Matic’s counsel, argues that the games were meticulously designed to comply with Texas law and are, in fact, skill-based.

The skillful player can win every time that they play, and that takes it out of the definition of a gambling device.

Joe Brown, counsel for Pace-O-Matic

As the debate neared its conclusion, Fannin County District Judge Laurine Blake ruled that the game devices were skill-based and legal. She will be issuing an order for the return of seized property. This landmark decision could potentially impact similar machines across the state, setting a crucial precedent for the future of gambling devices in Texas.

Although the hearing has not concluded, the ruling signals a likely victory for skill games. Similar cases across the USA highlight the need for proper regulation. Treating them similarly to slot machines would solve most issues, bringing them out of the legal grey area and ensuring jurisdictions can collect taxes and enforce proper control.

The post Skill-Based Machines Set to Win Landmark Hearing in Texas appeared first on Keno Wizard.

In a legal blow to Silicon Valley-based AviaGames, the developer behind popular casino apps like Bingo Tour and Solitaire Clash, a class-action lawsuit has been filed accusing the company of deceiving users into playing against computer bots instead of genuine human opponents.

AviaGames Accused of False Marketing and Bot Manipulation

The lawsuit, filed on November 17 in the US Northern District of California by Andrew Pandolfi of Texas and Mandi Shawcroft of Idaho, claims that AviaGames falsely marketed its platform as a place for users to compete in games of skill against other human players, reported The New York Post. However, the suit alleges that the entire premise is a facade, asserting that AviaGames’ computers populate and control the games with computer bots, manipulating the outcomes.

AviaGames, a privately held company based in Mountain View, California, offers casino apps like Solitaire Clash, Bingo Clash, and Bingo Tour ranking among the top apps in the casino category on both Apple’s App Store and Android’s Google Play store.

The lawsuit argues that AviaGames’ offerings constitute an unapproved gambling enterprise, describing the games as “manipulated games of chance.” The stakes are high for AviaGames, given its popularity and the significant amount of money users collectively wager on its platform.

AviaGames Also Faces Prolonged Legal Battle against Skillz Games

This legal action comes on the heels of lawsuits filed in 2021 by Avia’s rival, Skillz Games, for patent and copyright infringement against AviaGames. These earlier lawsuits uncovered alleged bot use and are still in progress through the court system.

Skillz Games, in its patent case against AviaGames, asserted that the use of bots allowed AviaGames to match up players quickly, gaining a competitive edge over Skillz, where customers sometimes had to wait up to 15 minutes for an opposing human player.

AviaGames has consistently denied the allegations. In response to inquiries about the class-action suit, an AviaGames spokeswoman issued a statement asserting the claims are baseless. The company stands behind its intellectual property, gaming technology, and the integrity of its executive team.

The legal battle between AviaGames and Skillz is set to continue, with an upcoming trial date of February 2, 2024. As the controversy unfolds, some players express longstanding suspicions about the fairness of AviaGames’ platform, with reports of rigged games. 

AviaGames and Skillz offer distinctive variations to traditional games such as bingo, solitaire, blackjack, and Tetris, infusing elements of skill to ensure compliance with legal standards. Nevertheless, in nine states—Arizona, Arkansas, Delaware, Louisiana, Montana, South Carolina, South Dakota, Tennessee, and Vermont—laws prohibit skill gaming apps from accepting monetary deposits from players.

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