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Slot Machine with Bad Software Sends Players To Jail
dcollins writes "Previous discussions here have turned into debates over who is liable for faulty software: the programmers, the publisher, etc. Yahoo has a new option: perhaps the users are criminally liable for using the software. From the AP: 'Prosecutors are considering criminal charges against casino gamblers who won big on a slot machine that had been installed with faulty software ... A decision on whether to bring criminal charges could come in a couple of weeks, said John Colin, chief deputy prosecutor for Harrison County. He said 'criminal intent' may be involved when people play a machine they know is faulty.' Would your average user be able to distinguish 'faulty software' from 'lucky'?"
The Nevada Gaming Commission [PDF] (As an example, I know the article isn't about Las Vegas) heavily regulates slot machines, their software, and their payout schedule. Machines that deviate from the payout schedule are inspected and machines whose software processes are not open to inspection and audit are not allowed on the floor. In this case it would be, prima facia, a crime to install software that was not audited by the authorities onto a machine. IANAL, so I can't tell you if proving criminal intent would be required, but I suspect that the threshold would be minimal, assuming that it could be proven that the users inserted the bug.
In this case, it doesn't appear as though the bug was inserted by the users, just (sigh) exploited in order to win. These cases are well litigated in Nevada (though probably not in Indiana/Kentucky), and elsewhere. The trend seems to be (Scroll Down to "Overpayment to Patron") that if it can be proven that the gaming patron didn't involve him or herself in the actual flaw of the machine, then not only are they not liable, but the Casino must still pay out the winnings.
The woman who reported the machine to the casino has it right - the casino doesn't give you your money back if a machine jams, so it shouldn't work the other way.
I work in a casino repairing slot machines at the moment, and yes, if a machine jams, the patron DOES get their money back. The casino by law cannot pick up change off the floor nor can they keep any money that was put into a machine but the machine didnt register. The patron will always get their money back after an investigation is completed and it is determined that the money really does belong to the patron.