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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'?"
I'd say it's pretty #$@$ lucky to play a slot machine with bad software.
Know your pads. One time pad: good for cryptography. Two timing pad: where to take your mistress.
I have mixed feelings about this.
On the one hand, the casino should bear at least some of the responsibility for allowing a faulty machine to give away its money. I think it's entirely reasonable to expect them to inspect equipment for such glaring problems before installing it and letting the public have at it.
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. The people playing most certainly should have reported the error, or at the very least, not exploited it.
At the very least, I think the casino would--and should--have a very strong civil case against the people who exploited the bug and who didn't return the money. If the opposite happened, that people only got one dollar's worth of credit when they inserted a ten-dollar bill, you'd better believe there would have been hell to pay, and maybe even a lawsuit over it. Just because the error is in favor of the customer instead of the company doesn't shift the morality of the issue. As a matter of public relations, though, it might be in the casino's best interest not to push the issue, or to push the issue with the people who programmed the slots incorrectly instead of their paying customers.
As for criminal charges, although I think that exploiting the machines is a pretty scummy thing to do, I have a hard time thinking it should be escalated to the level of a crime. Like I said, the casino should bear some responsibility for the mistake. Even if exploiting the machine should be considered some sort of theft or cheating, what happened could be considered enticement to commit a crime that one wouldn't otherwise normally commit. That's entrapment, and that is illegal itself.
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.
That means use cash instead of credit so you don't have to find out the answer
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.
-- I might be stupid, but you have to be good at something.
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.
--
Toro
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.
Light travels faster than sound. This is why some people appear bright until you hear them speak.........
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.
In fact, I believe they do this on purpose as a psychological trick - you're losing points, you're not losing real money...
The issue of whether or not card counting constitutes cheating was and is a hot topic in the gaming industry with strong opinions on both sides of the issue. The courts have consistently ruled that it is not cheating, from the legal definition of cheating (i.e. the one that results in a criminal prosecution), to count cards provided that one is not assisted in this endeavor by any sort of device (i.e. mechanical, electronic, electro-mechanical, etc). The casinos on the other hand, not surprisingly, consider all forms of card counting, even the type that courts have ruled legal as "intelligent play" (i.e. using your brain), as "cheating".
Having some exposure to the gaming industry, ex-wife is professional poker dealer (just dealt the final table WSOP), and being a card counter myself, I have noticed that casinos, at least in small gambling communities, prefer card counters.
First of all, the courts have stated that casinos can only offer games of chance. If a casino wants to outlaw counting cards on the basis that card-counting pays the player, then, by definition, blackjack is not a game of chance and therefore cannot be offered by a casino.
Back to the point. Most blackjack players, quite frankly, suck, but think they are wizards. Every now and again, a good player walks into a casino, counts cards, tips well and keeps winning. What happens next? All of the gamblers walking by the table notice how "hot" the table is, sit down, and promptly empty their wallet.
One good, polite, well-tipping card counter will advertise the table, pay the dealers well and fill the house's coffers, while not costing the house much to pay the card counter.
More than one pit boss has approached me and asked how I was counting, and then asked if there was anything they could do for me -- food, drinks, etc.