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Fantasy Sports Sites Ordered To Stop Taking Bets In New York State (nytimes.com)

HughPickens.com writes: The NY Times reports that in a major blow to a multibillion-dollar industry that introduced sports betting to legions of young sports fans, the New York State attorney general has ordered the two biggest daily fantasy sports companies, DraftKings and FanDuel, to stop accepting bets from New York residents. He said their games constituted illegal gambling under state law. "It is clear that DraftKings and FanDuel are the leaders of a massive, multibillion-dollar scheme intended to evade the law and fleece sports fans across the country," says NY attorney general, Eric T. Schneiderman, "Today we have sent a clear message: not in New York, and not on my watch."

Fantasy sports companies contend that their games are not gambling because they involve more skill than luck, and because they were legally sanctioned by a 2006 federal law that exempted fantasy sports from a prohibition against processing online financial wagering. "Fantasy sports is a game of skill and legal under New York state law," says FanDuel. "This is a politician telling hundreds of thousands of New Yorkers they are not allowed to play a game they love and share with friends, family, co-workers and players across the country." The attorney general's office also said that ads on the two sites "seriously mislead New York citizens about their prospects of winning." State investigators found that to date, "the top 1 percent of DraftKings winners receive the vast majority of the winnings." Schneiderman's investigation was spurred after reports arose that a DraftKings employee used internal data to win $350,000 on rival site FanDuel, which the operators denied. While both companies had allowed employees to place bets on the others site, they have since banned such practices.

125 comments

  1. He can order all he wants by mveloso · · Score: 5, Interesting

    He can order all he wants, but unless a court of law compels them to stop his order is just an opinion.

    1. Re:He can order all he wants by Anonymous Coward · · Score: 0

      I'll remember that the next time a cop orders me to pull my car over. "Not without a court order" I'll reply.

    2. Re:He can order all he wants by Actually,+I+do+RTFA · · Score: 1

      unless a court of law compels them to stop his order is just an opinion.

      Well, except that his order has to be followed under the law. A court can quash it, but until then it's the current legally binding ruling.

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      Your ad here. Ask me how!
  2. New York by Anonymous Coward · · Score: 0

    Rol. Everything is "banned" in New York.

    1. Re:New York by MightyMartian · · Score: 1, Funny

      No kidding. Even the Ghost Busters are banned in New York, even though all they've been trying to do is prevent the Keymaster of Gozer from joining with Zuul the Gatekeeper.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:New York by amiga3D · · Score: 2

      It's only a movie dude. Not real.

    3. Re:New York by Anonymous Coward · · Score: 1

      Yes, it's true. This man has no dick.

    4. Re:New York by clovis · · Score: 3, Informative

      It's only a movie dude. Not real.

      It did happen, but you're too young to remember.

    5. Re:New York by unrtst · · Score: 2

      From the summary:

      "This is a politician telling hundreds of thousands of New Yorkers they are not allowed to play a game they love and share with friends, family, co-workers and players across the country."

      ... for money.
      All those hundreds of thousands of New Yorkers are still allowed to play these games with their friends, family, and co-workers, but not while money/gambling are involved.

      I'm not saying I agree with banning gambling, or what level of regulation there must be (if any), but it's a stretch to frame it like that, as if Dad is playing against his wife and kids in a friendly game.

      I'm also a bit surprised this is a "multibillion-dollar industry". Maybe "surprised" is the wrong word, but wow.

    6. Re:New York by jellomizer · · Score: 1

      No gambling isn't banned, they failed to pay off the politicians.
      There are numerous gambling sites in NY. All very politically motivated and connected.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    7. Re:New York by Anonymous Coward · · Score: 0

      It doesn't change if for money. Why investing in stocks ok? Gambling. boogie boogie boo.

    8. Re:New York by AK+Marc · · Score: 1

      Sex, fine. Sex for money, illegal.

      Even if you disagree, it's still consistent. It does change if it involves money.

  3. Awesome by wakeboarder · · Score: 2

    Now people can stop wasting their money

  4. Typical... by slasher999 · · Score: 1, Insightful

    Typical Nazi York government overreach tactics. So glad I don't pay taxes there anymore!

    1. Re:Typical... by pete6677 · · Score: 2

      Governments all over the world tend to take a hostile view on gambling... unless they get a piece of the pie.

    2. Re:Typical... by rockout · · Score: 4, Insightful

      Arizona, Montana and Nevada banned FanDuel and DraftKings long before NY did. How you got modded insightful is beyond me.

      --
      I've learned that they're worthless, so I don't read AC comments anymore.
    3. Re:Typical... by Aereus · · Score: 3, Funny

      I'll just be happy if I don't have to see their stupid adds shitting up TV constantly. 50% of all commercials being for Draft Kings or Fan Duel during NFL games is rather much...

    4. Re: Typical... by Anonymous Coward · · Score: 0

      Ignore the whole "state legislature" vs AG decree

    5. Re: Typical... by AK+Marc · · Score: 1

      The AG interprets vague laws. If the laws were well written, the AG wouldn't be able to make this declaration. It would be obvious before and after the declaration.

      Though other times, the laws overlap. Such as a federal law against something and a state law against something, so they state will not expend resources duplicating effort. Then the AG can announce that they will start enforcing a law themselves.

      It's not like the AG just wrote law himself.

    6. Re:Typical... by mattack2 · · Score: 1

      Get a DVR (e.g. Tivo). Voila, no ads. Even if you insist on watching 'close to live', you can still delay enough to skip the commercials (heck, even "just" pause it a few minutes at a time if you're THAT obsessed with watching it live).

    7. Re:Typical... by Anonymous Coward · · Score: 0

      So you're saying you'd rather piss away your money on gambling scams. Don't you sound smart.

  5. Play the State Lottery Instead by Tokolosh · · Score: 3, Funny

    The odds are so much better!

    --
    Prove anything by multiplying Huge Number times Tiny Number
    1. Re:Play the State Lottery Instead by Actually,+I+do+RTFA · · Score: 4, Informative

      I know you were sarcastic, but the odds are actually better. Fantasy sports leagues aren't like the standard $50 on the outcome of the game. They are, by federal law, arranged more like a poker tournament, where the top N positions in the league (determined ahead of time) get money. Unlike poker tournaments (or the state lottery) the payouts are fixed ahead of time. So, the percentage of monies in that become monies out are frequently lower than in casino gambling or the state lottery. So the odds (payout adjusted) are worse.

      And, if it truly is a skill game, than the odds for those skilled are much better, but everyone without a degree in stats has worse likelihood, and far worse odds, than Powerball.

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    2. Re:Play the State Lottery Instead by Outta_the_way_peck! · · Score: 1

      Unless you are in Illinois, where all you win is an IOU.

  6. Tip for New Yorkers by rossdee · · Score: 2

    Get a PO Box in New Jersey

    1. Re:Tip for New Yorkers by MightyMartian · · Score: 3, Interesting

      It's worked for the Mafia for decades.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:Tip for New Yorkers by GLMDesigns · · Score: 1

      It's probably based upon where your credit card address is located. The same as for Bitcoin.

      --
      If you're scared of your govt then you need to further restrict its powers
      Vote 3rd Party in 2016 and beyond
    3. Re:Tip for New Yorkers by Anonymous Coward · · Score: 0

      Better tip: don't waste your money on illicit gambling websites.

  7. NY voters are about to send a clear message by Applehu+Akbar · · Score: 3, Insightful

    "Today we have sent a clear message: not in New York, and not on my watch."

    Mess with football betting, and the Democrats will finally be put out to pasture.

    1. Re:NY voters are about to send a clear message by ZipK · · Score: 1

      Mess with football betting, and the Democrats will finally be put out to pasture.

      No one said that you can't bet on football in New York. You just need lay your bets with friends, colleagues or your local bookie.

    2. Re:NY voters are about to send a clear message by Anonymous Coward · · Score: 0

      Actually, that's all illegal.

    3. Re:NY voters are about to send a clear message by Anonymous Coward · · Score: 0

      Shame really. Making futbawl chumps poor seems like a great idea.

      By the way, your name is RAAYSIS!

    4. Re:NY voters are about to send a clear message by SumDog · · Score: 1

      That's the joke

    5. Re:NY voters are about to send a clear message by Applehu+Akbar · · Score: 1

      "By the way, your name is RAAYSIS!"

      Racism is a reference to genetics, not culture.

  8. I don't get it by fustakrakich · · Score: 4, Insightful

    How is it that Wall Street gets to operate? If we can't call it gambling, it's because it's rigged.

    --
    “He’s not deformed, he’s just drunk!”
    1. Re:I don't get it by Cytotoxic · · Score: 4, Insightful

      The AG is pretty incoherent here. He's saying that it is illegal gambling, but he's also claiming that it is a problem because the top 1% of players win the lion's share of the money. Well, that'd be the case if there was a great deal of skill involved, rather than relying mostly on luck. Which was the entire point of the "it isn't gambling" position.

      Schneiderman probably should have edited his remarks better so he wasn't making the argument for the other side. I suppose prosecutorial immunity extends to mouthing off to the press so he isn't liable for slander and libel.

    2. Re: I don't get it by Anonymous Coward · · Score: 0

      Only the top 1% win at slots, too. Isn't that straight up gambling?

    3. Re: I don't get it by kwbauer · · Score: 1

      No, it all depends on how hard you pull the lever or push the button, what kind of body english you put on it and what incantations you mutter. All skill.

    4. Re:I don't get it by Antique+Geekmeister · · Score: 1

      > Well, that'd be the case if there was a great deal of skill involved, r

      Skill at outright cheating at the computer level by sculpting the payouts in your personal favor, or skill at getting insider information and getting players to throw games with the right coercion, like more traditional sports betting. I'm afraid I've been watching the resurgence of sports betting by taking this particular form.

    5. Re:I don't get it by PopeRatzo · · Score: 4, Interesting

      The AG is pretty incoherent here. He's saying that it is illegal gambling, but he's also claiming that it is a problem because the top 1% of players win the lion's share of the money. Well, that'd be the case if there was a great deal of skill involved, rather than relying mostly on luck. Which was the entire point of the "it isn't gambling" position.

      Part of the problem, and the reason this whole kerfuffle started, was that a significant percentage of the 1% of players who were winning worked for the fantasy gambling site and were getting inside information.

      It was the equivalent of casino owners getting to shoot craps in their own joint using loaded dice. There's a long history of corruption and crime surrounding legalized gambling. These fantasy sports sites are only a few years old. If they're this corrupt already, it's probably better for them to be shut down.

      --
      You are welcome on my lawn.
    6. Re:I don't get it by Kohath · · Score: 1

      What percentage of lottery players wins most of the lottery money?

    7. Re: I don't get it by KGIII · · Score: 1

      You are wise in the way of the little old lady with her cup of change and vacant look in her eyes as she plies the glittering lights of Vegas. I've seen her, in the distance, but I dare not approach. I prefer table gaming, of course.

      --
      "So long and thanks for all the fish."
    8. Re:I don't get it by PPH · · Score: 1

      It was the equivalent of casino owners getting to shoot craps in their own joint using loaded dice.

      Sort of like Goldman Sachs and mortgage backed securities.

      --
      Have gnu, will travel.
    9. Re:I don't get it by Anonymous Coward · · Score: 0

      I never understood (and still don't) the whole "inside information" angle. There's no inside information to have. It's not as if the people working at DraftKings know ahead of time who's going to get an ankle injury, who's going to have an awesome day receiving, who's going to throw 3 interceptions, or any of a hundred other factors that affect the outcome of a football game. It's also not like it's a big secret who the good players are, and which players are most/least likely to be picked as part of a lineup.

      This shit isn't the Coca Cola recipe. You can go on Yahoo's fantasy NFL site for example and easily gauge which players are in and out of favor. ESPN.com has analysts telling you which players to pick and why. If your goal is to try to hit big, say by drafting a few top picks plus one longshot nobody else is going to pick, the data to do that is out there for anyone. People who work at the horse track win bets all the time, even big ones, that doesn't make the track crooked.

    10. Re:I don't get it by Anonymous Coward · · Score: 1

      The inside information works like this: in case of a win, the winnings are split between the people with the right prediction.

      Let's say we do dice rolls, but I have advance knowledge that most people bet on 5 an 6 all the time and nobody bets on 4. I would place my bet for 4 because the payouts are that much better for 4 so I will come out on top if enough games played.

      That's how that scam works, by having a deep knowledge of what popular bets are from your own site, because you have database access, you know what the not so popular players are that payout much more.

    11. Re:I don't get it by Anonymous Coward · · Score: 0

      This is a scenario where there are a limited pool of players to pick from for that particular daily contest. These gamblers are not submitting one entry and crossing their fingers, the "professionals" are submitting hundreds of bets each day selecting a different lineup of players each time. The DFS employee analyzed the lineups that gamblers selected at his company for the contest, then used this information to create optimized lineups at the other DFS site of underrepresented players. Remember, these lineups are not huge, swapping out one regular top performer for a slightly more marginal player can make the difference of winning $350,000.

    12. Re:I don't get it by Anonymous Coward · · Score: 0

      ... If we can't call it gambling, it's because it's rigged.

      You're conflating 2 different issues there. Gambling is rigged only in that the rules are designed to disadvantage the penny-ante player. If you don't want to be swindled, put your money where the rate of return is consistent; like treasury bonds, or until recently, real estate. The corporate fixation on quarterly profits means that for most years, diversified portfolios ARE the best bet.

      Unlike casino games where the odds of getting the jackpot are very low and known with mathematical certainty, there is true uncertainty in the stock market. There is a built-in failure mode in the share market; pricing bubbles, which is certainty until it fails catastrophically because the banks lost their liquidity. But that is a subset of the real problem; arbitrage. That is where the mega-rich change the stock market from a investment/gambling proposition into a profit-via-churn proposition: Gamblers (Brokers) then fixate on how to change the rules, instead of how to calculate the probable rate of return. Changing the rules of gambling in several games (corporate accountability) simultaneously means the stock market is more like a casino, where the gambler making the (sociopathic) rules always wins. This makes every other gambler, a loser, which is not a sustainable environment for financial infrastructure.

    13. Re:I don't get it by PopeRatzo · · Score: 1

      Sort of like Goldman Sachs and mortgage backed securities.

      That's right. Unfortunately, the last New York Attorney General who went after Wall Street got run out of office for having sex.

      --
      You are welcome on my lawn.
    14. Re:I don't get it by Talderas · · Score: 1

      What went on in that case was the employee took the roster information that was being submitted in aggregate and used that to submit an idealized roster at the competitor. It is insider trading as the information that was relied upon for creating a roster was data that wasn't available to the vast majority of participants.

      --
      "Lack of speed can be overcome. In the worst case by patience." --Znork
    15. Re: I don't get it by Anonymous Coward · · Score: 0

      In FF you play against each other. In slots, you play against the house.

    16. Re:I don't get it by Anonymous Coward · · Score: 0

      He's saying that it is illegal gambling, but he's also claiming that it is a problem because the top 1% of players win the lion's share of the money. Well, that'd be the case if there was a great deal of skill involved, rather than relying mostly on luck. Which was the entire point of the "it isn't gambling" position.

      I don't understand your argument. How does saying the winners win big equate have any bearing on the amount of skill involved in the game?

      Say I make a game where you pay $10 to enter, there are 52 players, each player draws a random card from a deck of cards. Whoever draws the ace of spades gets $520, and everybody else gets nothing. In this situation the top 2% win the lion's share of the money, but there is no skill involved.

      Alternatively let's say I have a tournament in the board game Go, 32 players, double elimination, $10 entrance fee, and just getting to the round of 16 guarantees you at least $10 in prize money. This would be a game with a great deal of skill but a very wide distribution of winnings.

    17. Re:I don't get it by Anonymous Coward · · Score: 0

      In case this was meant as an honest question, notionally the owners of the stock are the owners of the company and they control the company's direction and actions via things like hiring and firing (probably through a board of directors). The value of the stock is the expected profits of the company over the lifetime of its existence.

      Therefore the stock market is no more gambling that a farmer "gambling" on good weather, or a trader "gambling" that a new product he is selling will be well received. It's a risk, but not a pure game of chance as such.

      Notionally.

      More practically, if you wanted to outlaw the stock market as a form of gambling, where would you draw the line? Could a person start a company? Could a person hire multiple people to work there? Could a person hire somebody to assist him with managing the company? Could a person work at the company only 1 hour a week? Could a person not work at the company at all? Could a person not take a loan in exchange for future expected profits? Could a person not exchange future profits for cash right now?

    18. Re:I don't get it by Deadstick · · Score: 1

      The gambling known as business looks with austere disfavor upon the business known as gambling.

      --Ambrose Bierce, The Devil's Dictionary

    19. Re:I don't get it by Actually,+I+do+RTFA · · Score: 1

      He's saying that it is illegal gambling, but he's also claiming that it is a problem because the top 1% of players win the lion's share of the money.

      Those are two separate problems. He's claiming it is illegal gambling. He's also claiming that the advertising is deceptive, because most of the money is won by the top 1%. And the advertisements imply that anyone with reasonable football knowledge can monetize that by taking advantage of suckers.

      Well, that [distribution]'d be the case if there was a great deal of skill involved, rather than relying mostly on luck

      Well, the fantasy drafts are single day, winner take most (second-through-N get something) tournaments. So the payoffs are very skewed by who won. But I could make the same statement about Powerball/MegaMillions and be accurate. That doesn't make them games of skill.

      TL;DR; even if the same person didn't win more than once on a fantasy site, the 1% number would still be substantively true.

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    20. Re:I don't get it by parkinglot777 · · Score: 1

      How is it that Wall Street gets to operate? If we can't call it gambling, it's because it's rigged.

      I can't believe that the parent post is marked as Insightful. Wall Street is a type of gambling which can be seen as gaming -- https://en.wikipedia.org/wiki/... .

      "Gambling thus requires three elements be present: consideration, chance and prize." Being said that, Wall Street is a type of gambling; however, it is more on gaming -- "a 'gaming' company offers (legal) 'gambling' activities to the public." What make it legal is that there are rules and regulations being imposed to their betting system in attempt to prevent foul play. Unfortunately, there is no guarantee that all rules and regulations would 100% protect players (those who buy/sell) because a hole may be discover as time goes by (i.e. high frequency trading). Lottery is also a gambling, but it is similar to Wall Street in the sense that it is under rules/regulations. Draft King & Fan Duel both have no regulations imposed on. It is just a simple gambling and not gaming (because the company does not offer gambling under the laws/regulations) but a plain betting system. Whatever talk about using skill is a fluff to make it looks legal.

      Gamble, by nature, is not rigged. It is common that the hosts would want to maximize the profit from gamblers and want to have upper hand. As a result, it becomes high risk high reward. That is not a rig. However, some times, the hosts may know or want to change the outcome to be on their side, then the gambling is rigged.

      PS: What does this issue have to do with Republicants or Democrates anyway? Why do certain group of people always attempt to relate an issue with politic? Troll?

    21. Re:I don't get it by AK+Marc · · Score: 1

      Is it still gambling if the game is riggged? That could also explain how 1% win.

    22. Re:I don't get it by AK+Marc · · Score: 1

      anyone with reasonable football knowledge can monetize that by taking advantage of suckers.

      If you look around the table and can't spot the sucker, it's you.

    23. Re:I don't get it by Actually,+I+do+RTFA · · Score: 1

      How do you look around a table of 300,000 people?

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      Your ad here. Ask me how!
    24. Re:I don't get it by AK+Marc · · Score: 1

      It doesn't matter. You can't spot the sucker, right?

    25. Re:I don't get it by mattack2 · · Score: 1

      Because stocks are not gambling, in general. (Some "investing" _CAN_ be gambling, e.g. buying a stock without doing ANY research).

      Apparently you are not a skilled investor. Skilled == invest for the LONG haul, and you will very very very likely make more money than you can otherwise.

    26. Re:I don't get it by fustakrakich · · Score: 1

      No, I am not a skilled gambler, but personally I have nothing against the business.

      --
      “He’s not deformed, he’s just drunk!”
    27. Re:I don't get it by Anonymous Coward · · Score: 0

      Exactly!

    28. Re: I don't get it by MyAlternateID · · Score: 1

      You are wise in the way of the little old lady with her cup of change and vacant look in her eyes as she plies the glittering lights of Vegas. I've seen her, in the distance, but I dare not approach. I prefer table gaming, of course.

      As long as you know when to double down, blackjack has the most favorable odds of anything you'll find in a casino.

    29. Re: I don't get it by KGIII · · Score: 1

      Only if you're not a table gamer who plays against other gamblers and not against the house. ;-)

      --
      "So long and thanks for all the fish."
  9. Fantasy sports is like horse race betting by Joe_Dragon · · Score: 1

    There is skill in makeing the bets based on the stats and it is gambling under the law.

    1. Re:Fantasy sports is like horse race betting by gl4ss · · Score: 3, Insightful

      horse racing is regulated and defined as gambling in pretty much any country that regulates gambling though.

      or put in other way, if betting on sports straight up is gambling then fantasy sports betting is gambling too. exactly same amount of 'skill'.

      --
      world was created 5 seconds before this post as it is.
    2. Re:Fantasy sports is like horse race betting by Anonymous Coward · · Score: 0

      Response from fantasy football gambling sites: "Oh, but it's not like horse racing. It's like FANTASY horse racing. You can create a fantasy horse racing league where you get to pick your favorite jockeys and horses from the available races. See! It's totally not gambling."

    3. Re:Fantasy sports is like horse race betting by moeinvt · · Score: 1

      Good point, but with normal race and sports betting, they dictate the odds. The sports bookies have got this down to enough of a science so that the odds are almost always in their favor. i.e. no matter how much of an expert you are, it's impossible to win consistently betting on sports or horse racing because you have to take the odds they offer. Just like Vegas, the longer and more often you play, the more the probability favors the house.
      e.g. you can actually place a bet on the opening coin toss in the super bowl, but the bet will pay out 90 cents on the dollar or something and the bookie will take equal "action" on both sides. Therefore, they win regardless of the result.
      Is fantasy sports stacked against the players like this?
      I wasn't really following this story, but now I'm getting interested in the question of how you differentiate a game of skill from a game that's gambling.

    4. Re:Fantasy sports is like horse race betting by pcause · · Score: 2

      That is the key example. In horse race betting:

      - bettors look at the stats of the horse in previous races and against various competitors. Just like looking at stats for a QB, running back or wide receiver.
      - bettors look at the jockey and their results with different types of horses. similar to checking out the coach or how team mates impact results in football.
      - bettors look at the length of race and track conditions and how well a horse did in similar conditions. In football we look at weather, dome or not, on the road or at home.

      Football games and results can be impacted by defense and horse races by how other horse block the path of a horse, or who rides the rail and which gate they get. Not perfect but all of the above show that fantasy sports betting and race betting are basically the same, with the fantasy guys doing a lot of marketing to try to create a new reality and promote their business as not being betting. But we all know better. In horse racing if we pick a trifecta based on all of these stats and past results it is *GAMBLING*. Fantasy sports is basically not different. It isn't a game of skill, but is as much a game of chance as horse race betting.

    5. Re:Fantasy sports is like horse race betting by AK+Marc · · Score: 1

      Skill is betting on a game of darts that you are playing in. Betting on darts when you are watching two other people play isn't based on your skill. So it's not a bet of skill, even if those doing it have skill. Analyzing statistics isn't a "skill" because it's unrelated to the outcome of the contest. The better you are at statistics won't affect the outcome of the contest, so it's not a "skill" in the gambling sense.

    6. Re:Fantasy sports is like horse race betting by mattack2 · · Score: 1

      Analyzing statistics isn't a "skill" because it's unrelated to the outcome of the contest.

      It's unrelated to the outcome, but can help _predict_ the outcome.

      Am I going to bet on you, or Michael Jordan, in a basketball game?

      I'm going to bet on Jordan.

    7. Re:Fantasy sports is like horse race betting by AK+Marc · · Score: 1

      So it'd be "skill" to tell the difference between me and Michael Jordan.

      I think you hit on the reason so many Slashdotters can't figure out law. It's a best effort system. It doesn't have to be logical, consistent, or even reasonable. It's interpreted under rules that aren't disclosed. Demanding a word be used exactly the same in two places (even in the same sentence) is an improper requirement for law.

      Seems every time I try to explain law here, people argue with reality, and focus on me because I'm pointing out reality.

      Betting on Michael Jordan over me isn't skill. Betting on the Harlem Globetrotters over the Washington Generals isn't skill either. And the outcome of the game isn't skill either. Though it is a demonstration of skill. So since you could argue that "skill" is somehow related to the exhibition, that the game is a game of skill, and it takes skill to predict the winner, and betting on it is a contest of skill with others. You could argue that, as people on here are. But you'd still be wrong.

    8. Re:Fantasy sports is like horse race betting by Joe_Dragon · · Score: 1

      There was this one guy who took the money he owned the mob and bet it on the Washington Generals.

    9. Re:Fantasy sports is like horse race betting by mattack2 · · Score: 1

      So it'd be "skill" to tell the difference between me and Michael Jordan.

      Yes, especially if you are in reality comparing players that are much closer to each other in ability.

      So you think the guys in "Moneyball" did NOTHING clever or skillful at all?

      Even though just plopping money in a S&P500 tracking fund will likely be better in the long run, people can and do do research to determine which stocks are better at a particular time, for example.. and that takes skill.

    10. Re:Fantasy sports is like horse race betting by AK+Marc · · Score: 1

      So you think the guys in "Moneyball" did NOTHING clever or skillful at all?

      You are using the word "skill" in a manner different than the laws on gambling use it.

  10. If it's gambling... by j3p0 · · Score: 1

    If it's gambling, then explain: "the top 1 percent of DraftKings winners receive the vast majority of the winnings."
    Wouldn't there be a more even distribution of winners?
    It could be that there's some combination of skill and chance like blackjack. But then it's gambling.
    I'm a libertarian and I'm OK with being treated like an adult, so I would favor legalization.

    Don't' get me wrong, I'm sick of seeing their commercials constantly and the participation of major league sports doesn't seem kosher.
    and the electronic media who is the beneficiary of hundreds of millions in ad revenue seems to be mostly silent in this discussion.

    --
    "A Little Song, A Little Dance, A Little Seltzer Down your Pants" -Chuckles The Clown
    1. Re:If it's gambling... by TsuruchiBrian · · Score: 1

      If it's gambling, then explain: "the top 1 percent of DraftKings winners receive the vast majority of the winnings." Wouldn't there be a more even distribution of winners?

      It's pretty easy to make a gambling game that only rewards 1% of the players. So this fact alone doesn't preclude this from being gambling

      If the top 1% of players are consistently winning, that's a different story. But this is different than the scenario where winning the jackpot once is what puts you in the top 1% of players.

      Why gambling should be considered bad, but games of skill good? Who the fuck knows.

      If we are worried about the losers being "cheated", then I would thinking gambling would be better because it at least gives some chance to those people with no skill and otherwise destined to lose.

    2. Re:If it's gambling... by Actually,+I+do+RTFA · · Score: 1

      Wouldn't there be a more even distribution of winners?

      There are several hundred thousand players. There are a couple of events each day. Each event has one big winner who walks off with the lion's share. I'd say that 1-2% is the back of the envelope number for pure luck.

      Now, it is as you say a combination of luck and skill.

      I'm a libertarian and I'm OK with being treated like an adult, so I would favor legalization.

      Yeah, but the guy who did this is a prosecutor enforcing ther laws as written. Not a legislator.

      But he tried to preempt that argument with his second point about how the advertisments are deceptive, odds wise.

      the participation of major league sports doesn't seem kosher.

      If by participation you mean owning a chunk of the companies...

      --
      Your ad here. Ask me how!
    3. Re:If it's gambling... by AK+Marc · · Score: 1

      Why gambling should be considered bad, but games of skill good? Who the fuck knows.

      The idea was that games of skill that you are participating in would be allowed. This allows two soccer teams to bet a pizza party (for under 21) or round of beers (over 21) on the outcome. Or bet your friend you are faster. These exceptions were written in when gambling was first regulated, where the detractors of the laws indicated that every school yard boy would become a felon if they outlawed all gambling.

    4. Re:If it's gambling... by TsuruchiBrian · · Score: 1

      Why is it worse to bet a pizza on a game of chance than a game of skill?

    5. Re:If it's gambling... by AK+Marc · · Score: 1

      Why must one be worse than the other if one is legal and the other isn't?

    6. Re:If it's gambling... by TsuruchiBrian · · Score: 1

      You can make playing soccer illegal if you want. Why must soccer remain legal?

    7. Re:If it's gambling... by AK+Marc · · Score: 0

      Because there's no compelling reason to make it illegal.

    8. Re:If it's gambling... by TsuruchiBrian · · Score: 1

      What is the compelling reason to make betting on games of chance illegal that doesn't also apply to games of skill?

    9. Re:If it's gambling... by AK+Marc · · Score: 0

      I don't know, and I don't care. Your non sequitur would have been interesting to bring up when the laws were passed, but are irrelevant to this discussion about reality, not what "should be". Go ride off into the sunset on your unicorn. Some of us still live in the real world.

    10. Re:If it's gambling... by TsuruchiBrian · · Score: 1

      All I said was "Why gambling should be considered bad, but games of skill good? Who the fuck knows."

      You were the one who tried to offer a rationale for the existing laws. I didn't ask for your opinion, and it's not my fault that it's incoherent.

    11. Re:If it's gambling... by AK+Marc · · Score: 0

      Who the fuck knows? I do. I told you. You refused to listen and insist that you win an argument. Fine, you win. You are too dumb to learn anything, so you win every argument. Because nobody could ever inform your closed mind.

    12. Re:If it's gambling... by TsuruchiBrian · · Score: 1

      You clearly don't know shit. The fact that *you* can't inform me of anything is not the same as "nobody can inform me". There is an answer. *Somebody* (i.e. like maybe the people who authored or pushed the law) clearly thought that gambling on games of chance was worse than gambling on games of skill, or at least offered a disingenuous rationale even if they didn't believe it. You just don't know why they thought that, and decided to pretend to know the answer to question that you didn't.

      What exactly am I supposed to learn from someone only pretending to know things?

      The fact that you think the question "Why does law X allow Y and forbid Z?" is adequately answered by "The idea was to allow Y, and prevent Z" I think says a lot about your intellectual abilities.

  11. DFS really isn't that much about skill by Rainbow+Nerds · · Score: 1

    Lots of gambling involves some skill. There's skill in playing poker. Sure, it involves some luck of the draw, but it also involves playing the odds and manipulating opponents. Lots of games have some skill, but they're still generally banned as illegal gambling when money is involved.

    Fantasy sports are still legal, just not these sites. I can see that playing over the course of a full season is very much a game of skill. Drafting well for the season, making trades, and dropping and adding players all involve skill. Over the course of a season, the performance of a player is generally fairly predictable. It's far from perfect, but it's predictable. And that makes it more a game of skill than a game of chance.

    Daily fantasy sports are more a game of chance, with much more limited skill. The performance of players is highly variable from game to game and week to week. A lousy hitter in baseball can have a great week and put up big numbers. A really good QB in football can throw four interceptions in a game and have an awful week. There's a lot of luck involved. As they say in the NFL, any given Sunday...

    These sites focus on daily or weekly leagues rather than full season leagues. For that short amount of time, there's a huge amount of chance involved. Over the course of a season, the random luck usually averages out and it becomes much more a game of skill.

    There's also the issue that the statistics about draft decisions aren't generally available to the public. But an employee of a daily fantasy sports site can get access to that information. Those statistics are likely to be similar with other daily fantasy sports sites. The employee has insider information that they can use to gain an edge over competitors on other sites.

    --
    M-I-Z
    kU still sucks!
    1. Re:DFS really isn't that much about skill by Anonymous Coward · · Score: 0

      Lots of games have some skill, but they're still generally banned as illegal gambling when money is involved.

      What, they don't have casinos in New York state? That's whole reason for the ban on online gambling is to protect state casinos. Now they want to go after fantasy sports. Its purely political and has nothing to do with the NY AG being concerned about New Yorkers losing money.

    2. Re:DFS really isn't that much about skill by KGIII · · Score: 1

      Not really, I don't think. They've got some rasinos and video poker sites but no table gaming AFAIK. That's one of the reasons that Atlantic City is as popular as it is? I don't think they're even allowed table gaming on the reservations but I could be mistaken. I don't live here but I've been here for err... Wow... Since late August. I've also spent a lot of time here in the past. I don't know all the laws or anything but I don't think they allow for table gaming or real casinos. They do have lots of betting on the ponies here. So, there's that.

      --
      "So long and thanks for all the fish."
    3. Re: DFS really isn't that much about skill by Anonymous Coward · · Score: 0

      The Mohawk have table gaming in their casino, and there are a lot of video gaming casinos including some near New York City.

  12. sounds like someone's running for office by Anonymous Coward · · Score: 0

    Looks like Eric T. Schneiderman is going to run for office. Giulliani was a prosecutor, and Andrew Cuomo was also Attorney General.

    1. Re:sounds like someone's running for office by Hognoxious · · Score: 1

      Schneiderman, Schneiderman,
      Does whatever a shyster can.
      Has his lunch, issues writs[1],
      Drops his pants, then he shits -
      Look out, here comes the Schneiderman

      [1] Couldn't think of anything that rhymes with "subpoenas" apart from "dry cleaners", and that totally won't scan.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  13. Yay government by Kohath · · Score: 2

    Protecting us from the scourge of fantasy sports. Gambling exploits people, so only government gambling that supports government payrolls should be allowed.

  14. Economic reality check by Anonymous Coward · · Score: 0

    "The top 1 percent of DraftKings winners receive the vast majority of the winnings."

    Just like in real life with any other gambling venues like casinos, racing, the stock market, or state lotteries.

    1. Re:Economic reality check by Lirodon · · Score: 2

      And that's the point. They're painting these things as games of "skill" because of its thin relation to actual fantasy sports. But there's only skill when you expand the game out long-term; you have to be strategic from week to week, pick players wisely, make good decisions, trade, etc. Daily fantasy takes away almost every element that is remotely skill-based and turns it into something that is pretty much a lottery. Speaking of that, in Canada, we have legal sports betting, and it's done through the lottery. How we do it has some issues of its own but it's better than nothing.

    2. Re:Economic reality check by Anonymous Coward · · Score: 0

      I don't really understand the inconsistent laws about sports betting in the US. Betting on the outcome of games, which is betting on the performance of teams, it's illegal in many states. Betting on the performance of individual players, however, was considered legal by calling it daily fantasy sports. The performance of individual players is probably quite a bit more variable from game to game than the performance of teams. Daily fantasy sports are probably more a game of chance than traditional sports betting.

      I agree that there's far more skill playing fantasy sports over the course of a season. I think that's probably true whether you play in a traditional season-long fantasy sports league or if you play daily fantasy sports for an entire season. However, one of the main advertising points for daily fantasy sports is that there's no season-long commitment. They're actively seeking the customers that aren't going to play it as a game of skill.

      I'm also troubled by the association between sports leagues and daily fantasy sports. From the Wikipedia article about DraftKings:

      Major League Baseball (MLB) has an investment stake in the company and is a partner.[19] The company has an exclusive $250M advertising contract with the American sports network ESPN,[13] and a $250M non-exclusive advertising deal with 21st Century Fox's Fox Sports unit.[20]

      In addition to MLB, ESPN and Fox, as of July 2015, DraftKings also had partnership agreements with the National Football League, media property Bleacher Report, two sport promotional bodies (NASCAR and UFC), two venues (Madison Square Garden and Staples Center), five NFL teams, eight NBA teams, twenty-five MLB teams, and seven NHL teams.[13]

      MLB is a part owner of DraftKings. In the past, MLB rightly banned eight players from the 1919 White Sox team who were paid off to throw the World Series. MLB also rightly banned Pete Rose, who almost certainly bet on games involving the Reds, including betting against the Reds, while he was the manager of the Reds. But in the 1980s, they also banned two retired MLB greats, Willie Mays and Mickey Mantle, who had no affiliation with MLB at the time, because they were working as greeters in a casino. Their anti-gambling position has been taken to absurd extremes in the past, but they're now a part owner of a company that allows betting on the performance of individual players.

      I don't understand why daily fantasy sports have been treated as separate from gambling, both by the law and professional sports. Whether the current regulations are reasonable is a different discussion altogether, but I don't see how this isn't gambling.

    3. Re:Economic reality check by Lirodon · · Score: 1

      "Betting on the performance of individual players", is essentially betting on whether a particular player will do well/score this many points/run for this many yards/etc. They call those "props" in Vegas terms. Daily fantasy is essentially making a combination of props, which is called a "parlay". Look up the memo that Nevada's gaming board published on its similar assertion, and you'll see that calling it "fantasy sports" is literally a smokescreen for the fact that it is essentially betting. Oh, and DraftKings' CEO all but referred to it as being "almost identical to a casino" in a Reddit IamA.

  15. good ruling by bravo369 · · Score: 2

    I've wondered how this wasn't gambling for some quite time. They say it's skill but is it really? Is it lack of skill or chance when the RB in your lineup tears his ACL on a play in the 1st quarter? Is it chance or lack of skill that the QB you chose had to leave the game with a concussion? Anyone who has ever played fantasy sports knows that no matter how much you try, you will still lose to some schmuck who knows nothing about the game and just randomly drafts a team.

    1. Re:good ruling by moeinvt · · Score: 1

      "Is it lack of skill or chance when the RB in your lineup tears his ACL on a play in the 1st quarter? Is it chance or lack of skill that the QB you chose had to leave the game with a concussion?"

      I see your point. There's definitely an element of chance involved. Still, operating as the coach or GM of a team is a skilled position and they face the same sort of risks when making their personnel decisions.

      I don't fully understand how fantasy sports work, but I'm skeptical of your claim that a team chosen by random chance would be competitive. Aren't fantasy teams basically "all star" teams? A fan committed enough to play fantasy sports can differentiate the star players from the average players from the bottom tier players. If you chose randomly, you'd get a sprinkling of average and below-average players that would undermine your team. Maybe if you considered only the top, say 1/3 of all players stats-wise and chose a random team from that limited pool? Sounds like an interesting experiment to me.

    2. Re:good ruling by Actually,+I+do+RTFA · · Score: 1

      I've wondered how this wasn't gambling for some quite time

      In 2006 Congress passed a law defining what was gambling. They explicitly cut fantasy sports out as not gambling. I think primarily because they were at the time played out over a whole season, and for comparatively very little money. The amounts played for given the amount of time you got to play made it more akin to a game than gambling.

      --
      Your ad here. Ask me how!
  16. Let them play but not gamble by Anonymous Coward · · Score: 0

    Why does this stop people playing the games? It is fantasy sports, so treat it like 'real life' sports and separate the actual playing of the sport and (non-participants) placing bets on the outcome. In most 'real' sports the participants are not allowed to bet on the outcome of games/matches. So banning betting from NY residents should not prevent them playing the games by using their skill selecting the teams/players and acting as the manager and coach, controlling their training etc.

  17. NY State Lottery by sjbe · · Score: 1

    "It is clear that DraftKings and FanDuel are the leaders of a massive, multibillion-dollar scheme intended to evade the law and fleece sports fans across the country," says NY attorney general, Eric T. Schneiderman, "Today we have sent a clear message: not in New York, and not on my watch."

    That statement might have some credibility if the State of New York didn't run their own gambling operation.

    F'ing hypocrites...

    1. Re:NY State Lottery by moeinvt · · Score: 1

      Exactly. The government throws so-called "mafia" figures in jail for running numbers games, then they move in and take over the businesses for their own personal gain. Lotteries are nothing other than the traditional "numbers rackets" (with far worse odds!)

  18. State sponsored gambling by sjbe · · Score: 1

    Wouldn't there be a more even distribution of winners?

    Not necessarily. See the NY State Lottery if you need examples.

  19. How is it not gambling? by sabbede · · Score: 1

    It is gambling to bet on a team, but betting on a player isn't? I don't buy it.

    1. Re:How is it not gambling? by Anonymous Coward · · Score: 0

      It's not gambling on just one player, you have to choose a set of players.

  20. How are the new auction sites legal? by asylumx · · Score: 1

    There are a ton of new auction sites (Quibids, Swoopo, etc) where you actually pay for each *bid* you make, and in return you get a chance at buying the product for insanely small prices -- so for example they do penny auctions where it price for a $1,000 TV starts at $0.01 and each bid increment is a penny. The bids cost $0.60 so by the time the price reaches $100.00, the company has already made $6,000 on that TV. I'm trying to understand how fantasy sports could be considered worse than these auction sites.

    I actually agree that fantasy sports are gambling, I just don't understand why some forms of gambling are banned and others are allowed.

    1. Re:How are the new auction sites legal? by Anonymous Coward · · Score: 0

      The last time I checked the Wikipedia pages for penny auctions it listed there was at least one investigation in progress.

      IMO both penny auctions and DraftKings/FanDuel/etc. are all gambling. The hilarious part is that the DraftKings/FanDuel ads claim that they are "not a gambling website", despite the fact that they both clearly ARE gambling websites.

      What's not so hilarious is that there are people getting suckered to the tune of billions of dollars through these sites.

    2. Re:How are the new auction sites legal? by AK+Marc · · Score: 1

      Pay to lose auctions have been made systematically illegal as the auctions they were used in became common. You can buy a house or a car by auction. But it's illegal to charge per bid for a house auction. A bidder's registration can be charged, a trivial fee, but not per bid. Those consumer protection laws just need to be extended to all auctions.

    3. Re:How are the new auction sites legal? by asylumx · · Score: 1

      I totally agree on both types of sites, and did not realize that the auction sites are under legal review.

  21. Cool. So when is the NYSE closing down? by Christian+Smith · · Score: 1

    'Nuff said.

    1. Re:Cool. So when is the NYSE closing down? by Anonymous Coward · · Score: 0

      2 edgy 4 me.

  22. It's about (State) Money by zuckie13 · · Score: 1

    I really don't see a difference between this and gambling at a horse track. Yes it gambling, but yes, there is a measure of skill that can help skew the results. Horse race gamblers pour over info about the horses and jockeys, the same as fantasy players pour over information about the football players. The issue here is NY is pissed they they are not getting their cut of it. The whole point of "regulating" gambling is that the States can set the percentages they get from the gambling going on.

  23. I don't get Fantasy Football by Anonymous Coward · · Score: 0

    I really don't get fantasy football and generally think that the people talking about it are idiots. But if they're willing to spend their money on something like this, my attitude is tax it and let it be. Maybe cities that spent so much to build stadiums for football teams can make their money back.

  24. In other words by rochrist · · Score: 1

    Not without giving us our cut you don't.

  25. Gambling falls under gambling laws by Tyrannosaur · · Score: 1

    Of course it is gambling, and so should be subject to gambling regulation. If these regulations are unfair, argue against those. But fantasy sports definitely qualifies...

  26. Who you gonna call? by Anonymous Coward · · Score: 0

    Who you gonna call?

    https://memphis.craigslist.org/mis/5306420750.html