UNCWolverine

November 10th, 2015 at 7:05 PM ^

Oh, and you must not have heard about the guy that used insider info from an employee of the company to win $250k, then it was deemed legal by their internal investigators. I'll bet the guy that lost the $250k in that one on one bet disagrees with your assertion that nobody is getting hurt.

BlueHills

November 10th, 2015 at 7:06 PM ^

It's very difficult to strike a balance between protecting the public from unscrupulous scams, and overprotecting the public from their own stupidity and avarice.

It'll be interesting to see how this works out, considering the investment of some wealthy folks and leagues. Big time financial backing always seems to affect the perceived legitimacy of things like this.

 

michfn2

November 10th, 2015 at 7:35 PM ^

Things are only illegal if: a) the government can't profit from it or b) making said thing illegal gets them more votes.

Mr Miggle

November 10th, 2015 at 8:16 PM ^

The federal government has already made practically every other form of online gambling illegal. There's no logical reason that this is legal and poker is banned. There should be some consistency rather than letting campaign contributions set policy. If this gets outlawed in enough places, maybe that provides the impetus to have that debate.

CoachBP6

November 10th, 2015 at 8:31 PM ^

No surprise. Anything Corrupt Cuomo can't get his hands on is illegal. Worst state ever. So happy I'm moving!!!

Black Socks

November 10th, 2015 at 8:43 PM ^

One one hand they do not have to listen to the commercials anymore.  On the other hand NY politicians are way out of control.

CorkyCole

November 10th, 2015 at 8:43 PM ^

Something about fantasy football makes it enticing to gamble. I'm in one "buy in" league for $20 a season, and I contemplated the idea of approaching my fantasy buddies about doing a daily league. Outside of fantasy football, I don't gamble and am not even tempted to gamble. In fact, it gives me a bad taste in my mouth. Why is this do you think? It's purely psychological, but there's something about fantasy sports that makes gambling more entertaining and SEEM less controversial to a lot of people. I could definitely see how daily fantasy could result in a lot more gambling issues for people who wouldn't normally have gambling issues.

uncleFred

November 10th, 2015 at 9:07 PM ^

It's really quite simple. Most people are unaware of the level of heuristic software that professionals can use to determine their lines or the scripts that allow them to adjust hundreds of lines right up to the closing point. Even if they did the vast majority would not care. However when the story broke about the cross betting by employees at either site analyzing line make up and using that information to optimize lines on the competing site, even the most clueless realized that the playing field was utterly unfair and that employees were identifying bets they could rig.

We can argue about how much various individuals lose and that it's voluntary. That argument fades to nothing when the overwhelming majority of players realize the playing field isn't fair or honest. When that happens the politicians see an opportunity to ride to the "rescue" to "protect" the public and get re-elected. 

Fan duel and Draft Kings were to busy cashing in to police their businesses. I understand that no laws were broken, and if I have access to confidential information where I work that gives me insight thats valuable at a competing site my employer is not responsible. Each company met the minimum requirements to keep their hands legally clean, and each failed to protect their industry. Short sighted and I have no sympathy for their plight. I can't believe for ne minute that the question of allowing employees to bet on the competing site did not come up in senior management discussions. They couldn't be bothered, and now they get to experience the consequences of that decision. 

bronxblue

November 10th, 2015 at 9:13 PM ^

It's maybe a bit of an overreach, but this has always been gambling.  I honestly don't care if it stuck around because I don't play DFF, but what I don't understand is the argument that isn't a form of gambling.  It is, so treat it as such and maybe this pushes legislatures for changes to gambling rules.  But this line of argument is what equally drove me crazy about Uber claiming it wasn't in effect a taxi service or AirBnB wasn't effectively a hotelier/rooming company.  There's nothing wrong with that, but if there are rules that exist and you are actively trying to skirt them by playing fast and loose with the language, then don't be surprised when the slow, creaky wheels of oversight turn on you.

Also, I despise the ads and the false notion that "anyone" can win big money when every major study shows it is basically a couple of sharks and a whole bunch of minnows who don't know any better.  At least with general fantasy leagues, everyone has to deal with the same vagaries of a season (guys get hurt, guys underperform, unknowns rise to prominence), while with DFF it really is a couple of guys with big bankrolls beating everyone else with algorithms.  Which I guess can be fun, but seems like a bit of a scam.

Yeoman

November 11th, 2015 at 1:23 AM ^

If it's true (and I don't doubt it) that certain people with effective algorithms are winning more than their share, doesn't that confirm that it's essentially a game of skill rather than chance?

But then I never really understood why poker was considered gambling, either. To me it's an empirical question: if it's possible for a skilled player to make a consistent living at the game, pushing the odds in his favor enough to overcome the rake over time, then it isn't gambling, it's a game of skill with elements of chance. Poker's a game of skill; craps isn't.

xxxxNateDaGreat

November 10th, 2015 at 10:01 PM ^

Correct me if I'm wrong, but isn't the problem that it's INTERNET gambling and not just regular old brick and mortar gambling, which would seem to imply that there is a lot less control and oversight over the business of their operations?

Mpfnfu Ford

November 10th, 2015 at 10:06 PM ^

That said, it isn't. It's absurd for Daily Fantasy to be legal while every other form of onine gambling isn't.

Make online gambling legal. Don't give out nonsensical free passes, especially to cowboy companies that can't keep their employees from insider trading.

Reader71

November 10th, 2015 at 10:30 PM ^

I don't feel strongly about online gambling either way, but if it is to be legal, it must be tightly regulated. Some government agency must oversee the code that is used to guarantee the randomness of the shuffle/spin/roulette ball. The agency must guarantee that people aren't getting fleeced. That employees aren't sitting at hot seats at the poker table, that employees aren't winning all of the DFF tourneys using inside info. What I find interesting is that it would seem that the same people who would strongly support a person's right to gamble online would also generally stand against government regulation.

Mpfnfu Ford

November 10th, 2015 at 10:40 PM ^

Making gambling legal in any context, especially online, isn't some easy thing. You've got to make sure the consumer isn't getting cheated. 

It's similar to prostitution. You can't just legalize it without setting up for a regulatory health and safety org to make sure you haven't just allowed legal AIDS factories to open up.

Hugh Jass

November 11th, 2015 at 12:03 AM ^

all of my retirement money in rehab centers......what with microbrews, wine, gambling, legalized pot - Rehab centers will be turning people away - more money for me

Yeoman

November 11th, 2015 at 1:10 AM ^

Where's the line between games of skill and games of chance?

  • A game of chess.
  • A 15-game chess match, with a coin flip to decide who gets white in the deciding game.
  • A game of backgammon.
  • A backgammon match to 21. Or 51.
  • Bridge.
  • Bridge, but with everyone playing the same pre-selected hands.

There's some element of chance in all but the first and last (and yes, I know I'm stretching the point on #2). There's also some element of chance in poker, wargaming (usually), computer games (usually)...and there's no doubt in my mind that every single one of these is essentially a game of skill, as opposed to say craps or keno or roulette. In every one there are people I'm better than and consistently beat the crap out of, and there are other opponents where I'm regularly on the wrong side of the beating.

Is it illegal to play them for money? I've been playing tournament chess and backgammon my whole life, and it never occurred to me that there was an essential difference between the two. It's true that it takes more games of backgammon to separate the skill levels, but it takes less time to play a 21-point match than it typically does to play a game of chess at tournament speeds.

It certainly never occurred to me that paying an entry fee into a backgammon tournament might violate gambling laws.

Yeoman

November 11th, 2015 at 10:17 AM ^

You're involved in poker the entire time; it's still considered gambling.

What about seasonal fantasy? It's not considered gambling, at least not yet. Like DFS, once the games lock for the day/weekend it's out of your hands--your involvement in the game is during the week or day, adjusting your team. There are probably computer-game equivalents, like a management sim where most of the work is in scouting and team selection and setting up tactical instructions pregame, but once the game is on your ability to make adjustments is limited or even nonexistent (there's a football sim where you're the GM, not the head coach).

There are basically two differences between seasonal and daily fantasy: (1) DFS settlements are daily instead of only at the end of the season, and (2) in DFS you redraft every week. I can't see how redrafting is relevant to the gambling issue--would a DFS site where settlement only happened at the end of the season still be gambling?

 

UofM626

November 11th, 2015 at 1:28 AM ^

Straight bullshit! The Gov has nothing better to do then to fuck w people who wanna bet there own money. Let's make fantasy illegal but make WEED legal and ok? This country is fucking going down hill, no wonder more and more people are leaving when they can retire

UMProud

November 11th, 2015 at 5:42 AM ^

I just don't see how online betting is not being gamed by insiders (we've seen this in the news recently) or people who use data analytics.

I'm also wondering how long it'll be before we start seeing the articles about referees who influenced games (B1G crews I"m looking at you!) to help their personal winnings.  Lots and lots of past history on this.  With the internet making it so easy how can it not be happening again?

Yeoman

November 11th, 2015 at 10:28 AM ^

I'm not sure I understand what's improper about the use of "data analytics" in what's essentially an analysis competition.

I do get your point about inside information, though. And I think the truly useful inside information is held by the teams and athletic departments, not the companies. If you know about a couple of concealed injuries, or you know about an unannounced change in starting QB, that's the kind of information that can win a tournament.

matty blue

November 11th, 2015 at 10:35 AM ^

for one thing, i seriously question how many jobs this "industry" has created.  in marketing and advertising, maybe.

as far as "justification" goes?  it's gambling.  full stop.

we can argue about whether gambling should be legal (i for one literally could not care less either way), but right now, at this moment, gambling is illegal in new york, and internet gambling is illegal by federal statute.  the loophole that the sports leagues carved out of that law is pretty wide, but i don't know that it's this wide.

wayneandgarth

November 11th, 2015 at 12:02 PM ^

Gambling is illegal under state law.  If people think this isn't gambling, I don't know what to tell you, 'cause it is. 

State law can be changed.  That's the way it works.