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Online Gambling Lawyer

Volume: 10 Issue: 5
( 2011)


The European Commission (EC) decided on 9 May it had no objections to the draft Gambling Bill as proposed by the German Federal State of Schleswig-Holstein (SH). Many experts believe the EC's verdict could pave the way for Germany's online gambling market to further open up since "[the decision] might be a signal to the rest of the Federal States that [SH] found a 'German way' to regulate online gambling," said Matthias Spitz, Attorney at Melchers. / read more

The events of 'Black Friday', on 15 April, which saw three US poker networks indicted on charges of illegal gambling and money laundering, have brought uncertainty over the future of online gambling at state-level. Even if the Unlawful Internet Gambling Enforcement Act (UIGEA) allows individual states to implement their own internet gambling laws, it remains to be seen how the Department of Justice's actions will affect the industry. / read more

EU membership candidate Turkey has put forward a new regulation entitled 'Procedures and Principles Regarding the Safe Use of the Internet', which offers four compulsory filtering options for internet users, who will be asked to pick one. / read more


One piece of news that has flown under the radar in recent days is the announcement that the Italian and French gaming regulators, AAMS and ARJEL, are to team up in a Memorandum of Understanding (MoU) in the very near future to exchange information on operators, best practices and fight illegal gambling. / read more

Australia / read more

With increasing globalisation, recognition of the importance of intellectual property (IP) in almost every industry has increased dramatically. Whilst the online gaming sector faces regulatory barriers to entry, in the form of the need for gaming licences in many jurisdictions, competition between licensed operators remains fierce, and IP rights provide a legitimate means of differentiation. In addition, IP rights may also provide opportunities for profitable cooperation between operators in different markets, particularly where other regulatory barriers may hinder or prevent operation. Nick Wallin, Partner at Withers & Rogers LLP, examines the economics of IP rights in the online gambling sector. / read more

- Poker networks' over-confident attitude might have accelerated Black Friday arrests in USA
- Uncertainty remains over American online poker market but 'over time, online poker market could go back to the same size and shape'
- US Department of Justice's approach: 'a different version of the Sopranos' / read more

The news on 15 April 2011 that the US Department of Justice (DoJ) had shut down the largest internet poker companies' US operations sent shockwaves throughout the poker world. The DOJ's and FBI's actions injected another level of uncertainty into an already murky situation, both at federal and state levels, as Lloyd Levine, President of Filament Strategies and former Member of the Califonia State Legislature, examines in detail. / read more

Worldwide, there are many different screening instruments that can be used by clinicians and researchers to help identify problem gambling. One of most regularly used is the DSM-IV that includes ten criteria that can aid the diagnosis of problem and pathological gambling. This was one of the two screens used in the latest British Gambling Prevalence Survey (BGPS)1. Mark Griffiths, of International Gaming Research Unit at Nottingham Trent University, dicusses how behavioural tracking can be used to monitor online gambling habits. / read more

The Bulgarian Government has recently launched a regulatory reform process to overhaul the gambling legislation. The proposed Draft Law is designed as a substitute to the current 1999 Gambling Act ('the Act')1 - which does not provide for specific regulation of e-gambling - and has already been criticised as economically not viable. Martin Lycka, Legal Adviser at Betfair, examines the scope and content of the Draft Law and evaluates its expected impact. / read more

When challenges are mounting up, you need to pick your battles. Online gambling in the EU operates within legal frameworks ranging from liberalisation to outright prohibition, a situation not helped by inconsistent court judgments at national and EU-levels, and inertia with regard to harmonisation of any kind. The recent events of 'Black Friday', which saw the US Department of Justice bring bank fraud and illegal gambling charges against three of the biggest poker websites, brought into focus the threat to the industry abroad. Against this background, it is unsurprising if competition law comes some way down the list of key priorities. It should not be so, however. Vassilis Akritidis and Will Sparks, of Squire Sanders Hammonds, examine the competition law issues that could arise in the gambling industry. / 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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