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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'?"

19 of 647 comments (clear)

  1. Good grief by AKAImBatman · · Score: 4, Insightful
    Can we stop taking balanced articles and turning them into overly sensationalized summaries? This isn't the 1920's anymore. We don't need to expand an ultra-brief telegraph message or make up details while we wait for a postmarked letter. :-/

    Would your average user be able to distinguish 'faulty software' from 'lucky'?

    If you put $1 in the machine and got a $10 credit, I should think that the user would figure out that there's more going on than them just being "lucky".

    Yahoo has a new option: perhaps the users are criminally liable for using the software.

    As TFA says, the Casino contacted the winners about the fault, and several of them agreed to give back their winnings. (Total losses for the casino were nearly $500,000.) Criminal charges are being considered for the remainder of the two dozen people who exploited the machine. Those charges would result in the gambler getting hauled before a judge and made to prove that he thought that he was just "lucky" when the machine gave him a $10 credit for every $1 he put in.
    1. Re:Good grief by Skreems · · Score: 4, Insightful

      As someone who's never used a slot machine, is it completely unheard of for a machine to convert money into "game points" or tokens or credits or something? If I played a slot machine and it said 10 every time I put a dollar in, I'd assume it was 10 plays for a dollar.

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    2. Re:Good grief by Lord_Ultimate · · Score: 5, Insightful

      Having played slot machines semi-frequently myself, I can honestly say that to the best of my knowledge, every machine I have ever played translated the money into credits. Someone who cashed out of the machine, realized something fishy was going on, added more money, cashed out again, rinsed and repeated *might* be someone worth investigating. FTA, 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. If a convenience store gives you too much change, you're under no obligation to correct the mistake. Gambling parlors are basically a license to print money anyway, so I can't imagine $500k will take long to recover.

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    3. Re:Good grief by seanadams.com · · Score: 4, Insightful

      If you put $1 in the machine and got a $10 credit, I should think that the user would figure out that there's more going on than them just being "lucky".

      I wouldn't. When I've walked through vegas casinos some of those games look pretty freagin complicated and I wouldn't think anything of it if I got $10 credits for $1, especially with all the stupid lights and bells going off all around me. I'd probably figure there was a ratio of "game dollars" to real dollars, or something like when you put a quarter in a video game and it says "1/3" credit (because the game costs 75 cents). Why not 1/4 credit for a quarter? I wouldn't think anything of it I'd just stick some money in and play the game for a bit, and consider myself lucky if I came out with more $$ than I started. Big deal.

      Also consider the fact that this was, according to TFA, a foreign machine that did not recognize dollars (anyone actually believe that?). Well if that were really the case that they couldn't even get the currency right, then I'd expect a the on-screen instructions to be poorly translated at best. It might be showing the wrong currency symbol entirely. Who knows.

      One thing's for sure though: if these casinos are dumb enough to start suing their customers or trying to put them in jail, it's not going to entice a whole lot of people to take a trip to vegas... look at how well that plan worked for the music industry.

    4. Re:Good grief by cayenne8 · · Score: 5, Insightful
      "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 agree. This was the one point that really stood out in the article to me.

      As long as you are not breaking any rules of the game, not cheating, they should not be able to prosecute you. If a person was operating the machine per instructions, insert coin/token, pull handle/push button, no matter what they did, they cannot be held accountable for any crime. If you operate the machine as described, you have a chance of it giving you more money. You intend to try to increase your money on these machines, and if operating it by the rules, there is no crime.

      This should be treated much like counting cards at blackjack. If you do it in your head with no mechanical help, you are playing within the rules, and you are not cheating. The casino (except in Atlantic city I think) can tell you they'd not like to take your action anymore, and can even throw you out and not let you gamble there any longer, but, you cannot be charged with a crime. If you play by the rules they give you, you cannot be held criminal.

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      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    5. Re:Good grief by Hatta · · Score: 4, Insightful

      If you play by the rules they give you, you cannot be held criminal.

      The whole point of the article is that, apparently, you can.

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    6. Re:Good grief by WNight · · Score: 3, Insightful

      As was said, the casinos are very quick to take your money on a technicality and refuse to point out technical errors in your playing. Even going so far as to refuse to play with anyone who seems to be skilled. Why should someone point out their technical errors?

      If you run a casino, you deserve far worse. Being shot up with crack and watching your new addiction ruin your life would be about right. Merely losing some money from the same scheme you try on others... justice.

    7. Re:Good grief by Vicissidude · · Score: 4, Insightful

      But after stepping up and seeing that you got 10.0 credits for every $1.00 put into the machine and then repeatedly cashing the machine out in order to take advantage of the broken machines, you have to not be using it in this way because you know it is doing something it shouldn't do. Thats when it becomes cheating/theft.

      Put a dollar into a penny slot and you'll get 100 credits for every dollar. Put a dollar into a nickel slot and you'll get 20 credits. A slot player may or may not notice the discrepancy between the dollars they put in and the amount of credits they receive. And even if those players do notice the discrepancy, they may attribute that to the signage on the machine being incorrect, thinking that the dollar machine really is a dime machine.

      If players actually knew about this malfunction, you would see customers walking away with million dollar checks. The casinos would or should have been tipped off that something was wrong far earlier in those circumstances.

      Don't attribute to maliciousness what you can attribute to stupidity.

      If you can justify borderline illegal and illegal activity for any reason you will end up with lots of people breaking the law.

      You're assuming that these players have done something illegal or "borderline" illegal, whatever that means. The last time I checked, unless an action is specifically deemed illegal, then it is perfectly legal to perform that action.

      The fact is that the machine manufacturer produced these machines, the state and feds authorized these machines, the casinos willingly put these machines online for play, customers payed money to play them, and the machines payed out. Yes, there may have been a malfunction and malfunctions void all pays and plays, however the casino did not catch that malfunction, started the machine, and took player money for some time with those malfunctioning machines.

      Hunting down innocent players after weeks or months went by, telling them that their slot machine was malfunctioning, telling them that they were not entitled to the money they won, and then demanding that money back sounds more like the real thievery going on. In fact, it sounds very similar to extortion. If the machine was malfunctioning, it should have been turned off and it should not have accepted that money in the first place. The casino, the state, the feds, or the machine manufacturer put this malfunctioning machine into play without properly checking it and thus one of those entities are financially responsible for that machine, not the players.

      The fault here lies with sloppy auditing or maintenance, which is not the player's fault.

  2. Re:Intent by GrayCalx · · Score: 3, Insightful

    I would say that sliding in a dollar, realizing wow I can cash out for $10, and then repeating that same action umpteen times without actually using the slot machine would also qualify as intent.

    Any average joe could do that.

  3. Machines not designed for US currency??? by SoCalChris · · Score: 5, Insightful

    FTFA: The machine at Caesars Indiana credited gamblers $10 for each dollar they inserted because the software wasn't designed for U.S. currency, state police said. More than two dozen people played the machine before one gambler alerted Caesars employees.

    If Caesars was so negligent that they put out machines not designed for US currency without testing them or having their vendor test them, then they deserve to lose the money.

  4. We don't need no stinking testing by pauljuno · · Score: 3, Insightful

    I find it hard to fathom that a casino would install a slot machine without even testing it. You would think the first thing they would do is verify that the machine accepts money and giving it a whirl. I'm sure they have some way of doing this in a test mode to verify it's functioning. I'm not condoning the people who took advantage of the situation, they should return the money. But sheesh, who does the casino have to blame but for themselves?

  5. Re:Applies to gas too? by doombringerltx · · Score: 5, Insightful

    That means use cash instead of credit so you don't have to find out the answer

  6. Whoa, there... by Overzeetop · · Score: 4, Insightful

    It's the responsibilty of the vendor to verify the systems are in compliance. If the error is in favor of the consumer, then there should be no recourse; if the error is in favor of the house then it's false advertising and the consumer is entitled to compensation. The house has control over all aspects of the game; the player has none. Imho, its similar to a contract: if one party writes the contract, then any errors therein are generally adjudicated in favor of the non-writing party.

    Casinos are the rare exception to simple rules like this: anyone caught playing by the rules and winning too much is prosecuted, hence the prohibition against car counting in blackjack, which is simply smart play. They give you sheets to keep track of roulette spins, and will let you make notes on dice throws all day long.

    To put it in simpler terms: You cut the cake, your brother chooses which piece. If you're the one cutting the cake, don't get pissed if your brother chooses the bigger half.

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    Is it just my observation, or are there way too many stupid people in the world?
  7. --Yahoo-- is not suing anyone by Torodung · · Score: 5, Insightful
    The summary says (or hopefully said after it is revised):

    Yahoo has a new option: perhaps the users are criminally liable for using the software. "Yahoo News" is the website carrying an Associated Press article about a Caesars casino in Indiana.

    Harrison County, Indiana is the legal entity considering criminal charges against players, probably at the behest of Caesar's.

    I find the summary wording to be at least misleading, if not defamatory.

    Beyond that, from TFA, the machine was crediting ten dollars for every dollar inserted, not paying out with more wins. It was clearly, demonstrably, and obviously faulty. So the answer to the question "Would your average user be able to distinguish 'faulty software' from 'lucky'?" is yes. They knew damned well they were getting $10 worth of chances for every $1. It was as obvious as finding that someone had left their wallet at the machine and pocketing it.

    What the heck is going on here editors? This summary is beyond shoddy.

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    Toro

  8. Re:Mixed feelings by Jherek+Carnelian · · Score: 4, Insightful

    On the other hand, if a slot machine has the fact that it costs one dollar to play prominently displayed, and you get ten dollars' worth of credit when you insert your dollar, it's painfully obvious to any reasonable person that the machine is messed up. I disagree, there are lots of scenarios that could legitimately account for the situation, two I thought of in just 30 seconds:
    1. a promotion available on multiple machines with signage about it somewhere else in the casino
    2. an 'easter egg' only mentioned in advertising - like radio commercials - designed to lure people into coming to the casino to try to hit the 'jackpot'

    What makes it so reasonable to believe that the 'error' was really by design is the level of micromanagement that goes on at a typical casino. First the state is involved with highly stringent verification and validation of all electronic games of chance. Then there is the level of observation that goes on - cameras all over the place watching everybody. Then there the actual people on the floor watching everything - keeping track of who wins and who loses, deciding who to comp with free drinks, free rooms, etc.

    Given all that, the chance of a broken machine lasting very long on the floor is so small that it is entirely reasonable to expect that it would be the last thing someone might expect when faced with the described behaviour. This is certainly the first time I've ever heard of such an event, despite there being hundreds of thousands of such machines in use for decades now.
  9. I agree with Kathryn Ford. by xigxag · · Score: 4, Insightful

    From the article, it appears that the casinos have a way of tracking down every user from the casino card, and asking them to return their ill-gotten gains.

    So my question is this: Imagine that the machine was faulty in the other direction, that it was rigged to never come up with a win, no matter how long you played. Would the casinos go to similar lengths to contact their patrons after the fact and send them reimbursement checks? If not, then I say, screw 'em.

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  10. Re:Mixed feelings by Chris+Pimlott · · Score: 3, Insightful

    Exactly. Casinos run all sorts of "money for nothing" promotions all the time - free bets, sweepstakes, double payouts, etc. Many of which come and go based on seemingly random days of the week or times of day. In this context, it is perfectly reasonable for gamblers to assume it was some sort of promotion or something.

    This is just passing the buck. Clearly someone at the casino was negligent in not fully testing the machines (not even basically testing them, if my understanding of the defect is correct) before placing them on the floor. That is were the fault lies, not with the users.

  11. Re:Mixed feelings by soft_guy · · Score: 4, Insightful

    An ATM is NOT A GAME!!

    ATMs are meant to be easy to use. Clear. Straight forward. Also, you know that when you ask for $40, you get $40 or an error (such as insufficient funds or the machine can't dispense money right now, etc.)

    Slot machines look nothing like ATMs. They have flashing lights. They are intentionally confusing. It is unlikely that the user would even detect the kind of error described in the article in a slot machine. You are using the machine in the hope that you get more out of it than you put in.

    When I refill my Metro card (NYC subway) I have the option to get more credit than I am actually paying for. For example, if you put in $20, it will give you $24 worth of credit. This is a bonus for spending more at once. I would have a hard time not thinking that the casino was doing something analogous.

    I have a hard time having any sympathy for the casino in this situation. The amount of their loss was tiny. People play games at a casino to win money. With this case, if you do somehow, against the odds, manage to win money, the casino can just ask for it back claiming there was an error.

    So, it takes away any incentive to gamble. Which is OK with me, because I don't gamble and I think gambling ought to be illegal, period.

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  12. Re: like the ballot boxes, right? by Vicissidude · · Score: 4, Insightful

    The security around voting machines are laughable compared to that of the slot machines. Also, states not only have access to the source code of slot machines, they actually inspect that source code.

    It is far easier to cheat a voting machine than a slot machine, which demonstrates the sorry priorities of our current society.