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The critical issues underlying the current state of non-regulation of the live poker industry – Part.1

After the encyclopedic-legal definitions of game and gambling , today I would like to draw attention to the current state of non-regulation of the live poker industry. For this purpose I propose the critical analysis of the report “The sport and the game of poker” by Prof. Crismani.

The basics of Skill Poker Index

I would like to highlight the importance that this report has had in the process of elaboration of the Skill Poker Index. It has allowed me to focus on the critical issues that intervene in the gaming dynamics that hold poker in the category of gambling. After this, it was necessary to identify a methodology that would allow a form of modulation of the Padia component in favor of the Ludus.

Crismani’s report

In his report, Crismani points out that regulations regarding live poker activities in our country are the exclusive prerogative of the Quaestors. It is clear, in fact, that according to their degree of influence, which they consider to be dominant in one or other component, authorizations for operation or not depend. Thus, the typical “leopard spot” pattern was created, between the Regions that allow the regular (though restrictive) development of the game and those that deny it. [Crismani, 2008].

In the section dedicated to the description of the game authorization process he writes:

<< Whether the win or loss in a given game is entirely or almost entirely random” shall be “a matter of fact to be investigated on a case-by-case basis, taking into account the rules and combinations of the game itself and bearing in mind that even a game that is not random in its ordinary form can become such, if it is modified so as to render the fortuitous exclusive or considerably prevalent cause of the winning or the loss >>. [Crismani, 2008].

The theme is obviously very complex and articulated, and just last week it was addressed during the 1st edition of “Il futuro del gioco in Italia”, an online conference organized by SBC Events in collaboration with Gioconews.it.

Go to the next article not to lose the thread of the discussion on the Skill Poker Index, or go to the first article of the series to resume it.

Pietro Semeraro 

Transl. by Margherita Basile


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