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Online Gambling Lawyer

Volume: 10 Issue: 12
( 2011)


Gambling operators welcomed an Opinion from the Court of Justice of the European Union (CJEU), as closing the door on claims by sports bodies that intellectual property rights exist in fixture lists. In an Opinion (case C-604/10) issued 15 December, Advocate General (AG) Mengozzi said that only the form in which the data is presented can be protected under the Database Directive (96/9/EC), not the creation of the data itself and in his view, the questions referred to him by the UK Court of Appeal related to use of the actual data ≠ i.e. the football fixtures. / read more

Schleswig-Holstein (SH), the German Federal State that adopted a law liberalising online gambling last September, has refused to sign the new Interstate Treaty on Gambling (ITG), approved by all the other Lander on 15 December. / read more

Remote Gambling The Association (RGA) and the European Gaming and Betting Association (EGBA) have filed a complaint with the European Commission (EC) about the proposed gambling legislation in Greece. / read more


It sent shockwaves through the industry. On 7 December, a jury in the US District Court of Boston found Todd Lyons guilty of illegal gambling offences under the Unlawful Internet Gambling Enforcement Act (UIGEA). / read more

The Indian State of Sikkim passed regulations that govern online gambling activities back in 2008 and is about to begin issuing licences, prompting speculation that the Indian market is about to open up. Stuart Hoegner, a Lawyer with Gaming Counsel P.C., examines the licensing conditions and whether the scope of a Sikkim licence will extend to the whole of India, one of the fastest growing economies in the world and potentially a hugely lucrative market. Hoegner also analyses those issues within the Regulations that could potentially cause problems for operators. / read more

The Swedish Supreme Court recently considered whether a Texas Hold'em tournament is entirely - or essentially - dependent on chance and if, consequently, organising such a tournament for the public should be considered illicit gambling under the Swedish Penal Code. Jörgen Axelsson and Erik Sandström, of Setterwalls Advokatbyrå AB, examine the background and findings of the case and consider its implications for poker in general and online poker in particular. / read more

Advocate General Cruz Villalón issued on 27 October 2011 his Opinion in the joined Costa and Cifone cases regarding access of the British gambling operator Stanleybet to Italian licenses - Cases C-72/10 and C-77/10. Villalón said that licensing systems and procedures need to respect the requirements of the Treaty and legislation must be nondiscriminatory, proportional and suitable. World Online Gambling Law Report asked two gambling experts for their take on this widely discussed case. Antonella Terranova, a Partner with De Berti Jacchia Franchini Forlani Studio Legale, who acted for Stanleybet, examines which provisions of the decree are problematic and whether - if followed - the AG's Opinion could lead to new infringement action against Italy by the European Commission, while Giulio Coraggio, a Senior Associate at DLA Piper, wonders whether this case poses a risk to the italian licensing regime. / read more

Like many cricket lovers, I've followed the recent spotfixing scandal with mixed emotions: sadness, shock, and hope that this might be the key turning point in the battle against corruption faced by cricket and many other sports. / read more

Many business, political and legislative actions - and inactions - have impacted the United States' online gaming market in 2011. Obviously, the biggest development was 'Black Friday', the US' Department of Justice enforcement against Poker Stars, Full Tilt, and Absolute Poker in April. However, there were other events that may be just as - or even more - important as the Justice Department's actions, as Lloyd Levine, President of Filament Strategies and a former Member of the Califonia State Legislature, examines. / read more

There has been much speculation about whether legislators in Taiwan are planning to regulate online gambling, which has traditionally been outlawed. Marcus Clinch, of Eiger Law's Taipei office, explains how much of the discussion revolved around whether Taiwan's Criminal Code could be amended to allow online gambling - not on whether it should be legalised. Clinch examines the history of enforcement against online gambling companies and individuals in Taiwan, assessing whether there is room - within the regulatory gaps and concessions that do exist for internet gaming companies - to offer online gambling services. / read more

About Online Gambling Lawyer

The monthly publication exploring legal issues affecting operators in online gambling and gaming, on a global basis. Topics covered included licensing, offshore operators, mobile gaming, gambling payments, fixture lists and database rights, online poker, social gaming and gambling, online liquidity, advertising, sports betting, in-play betting, eSports, fantasy sports (DFS), Bitcoin gambling, and gambling fraud, as well as in-depth discussion of legislation such as the Fourth Anti-Money Laundering Directive and the US Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA)... / read more

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