vpFREE2 Forums

XVP --- Legal Questions Sought

#1

At the risk of beating a dead horse this question is about the device law, specifically about the "gaining an advantage" clause. Let's say I had software that if used every hand would play 9-6 Jacks or Better at 99.5%. I can play 9-6 Jacks perfectly. What advantage did I gain? By using the device I actually lose over not using the devise. I certainly do not have an advantage over the casino using this software (I am at a 1/2% disadvantage). This also brings up an interesting point - it might be legal for me to use this devise but illegal for a poor player (one that plays 9-6 jacks at less than 99.5%). I lose over what I would play without the device but the poor player gains by using the devise. This seems totally absurd to me. Also would it be legal for me to use approx. software that plays 10-7 Double Bonus at 100.1%? I can play 10-7 DB at over 100.1% so I lose by using the software over not using it. As far as "gaining" an advantage I could reply "I did not gain an advantage, I already had the advantage without the devise, in fact an even greater advantage".

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#2

Can we step back a bit? What’s the statute that references “gaining an advantage” as a requisite condition for banning a device from gaming play?

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Here’s what I found in a cursory search:

Nev Rev Stat 465.075—Use of device for calculating probabilities.

  1. It is unlawful for any person to use, possess with the intent to use or assist
    another person in using or possessing with the intent to use any computerized, elec-
    tronic, electrical or mechanical device which is designed, constructed, altered or
    programmed to obtain an advantage at playing any game in a licensed gaming estab
    lishment, including, without limitation, a device that:
    (a) Projects the outcome of the game;
    (b) Keeps track of cards played or cards prepared for play;
    © Analyzes the probability of the occurrence of an event relating to a game; or
    (d) Analyzes the strategy for playing or betting to be used in the game, except as
    may be made available as part of an approved game or otherwise permitted by
    the Commission.
  2. As used in this section, “advantage” means a benefit obtained by one or more
    participants in a game through information or knowledge that is not made available
    as part of the game as approved by the Board or Commission.

So, there’s no reference to an “advantage over the casino”. It’s merely sufficient that the player obtains a benefit from the device.

Although I’m sure some will disagree with me, I would expect the courts to find that looking up the best play for a given dealt video poker hand on an electronic device falls within the defined prohibited activity under this statute (even if merely referencing a static strategy table).

#3

In Atlantic City players have attached VP strategy sheets to the machine. They literally have taped the strategy

to the corner of the machine. I have never seen a security guard or casino employee tell them they can’t. In Nevada they might go as so far to 86 you. Because NJ can’t throw out an advantage player they do nothing. Calculating how to play a hand on a phone or look up the hand from a strategy card on the phone maybe skating on thin ice. NJ has the same rule on the books as far as devices.