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Online Gambling Lawyer

Volume: 12 Issue: 5
(May 2013)


Eight Californian tribes, including the Pechanga Band of Luiseno Indians, published on 15 May a draft bill to legalise i-poker, the Internet Poker Consumer Protection Act 2013. Three Californian i-poker bills now exist, including those by Sen. Wright and Sen. Correa respectively. / read more

Several Canadian Chambers of Commerce sent a letter on 30 April to lobby senators to approve Bill C-290, which would legalise single-event sports betting in Canada. The Bill, which was passed unanimously by Canada’s House of Commons, is now being debated before the Senate as part of its third reading. / read more

Turkey unveiled new draft legislation on 7 May which would expand the handing of prison sentences to payment processors, advertisers or affiliates on unlicensed gaming websites, while increasing sentence length for operators; also, players on these sites could now receive fines of up to 500k Turkish lira. / read more


Social Gaming 2013 tapped into the very heart of the social gaming debate, which continues full throttle, both in terms of predicting the future of such a young industry and whether regulation is not only necessary, but practical. / read more

In a decision of 30 April 2013, an Administrative Court in the state of Hesse, Germany, sent a clear signal against non-transparent conduct of licensing procedures to German authorities. The case deals with objections raised by bookmaker Victor Chandler against the licensing process for 20 licences for sports betting in preliminary proceedings. By accepting the claimant's claim for an invitation to the final consultation of the licensing process, the Court set a precedent in intervening in the pending process, re-opening the process for those applicants that had been excluded from the process earlier. It is expected that the case will impact the schedule of the procedure and delay granting of sportsbook licences for a number of months. / read more

In May 2011, Spain began to regulate online gambling, yet while this law established five categories for grouping together the different regulated games, it did not include exchange betting and online slots. On 18 April 2013, almost two years later, Spain's Directorate General for Gaming Regulation announced that regulation of these two areas would be forthcoming. Ángel Jiménez, Of Counsel at Asensi Abogados, examines the background to this announcement and the next steps to expand the Spanish gaming market. / read more

The Professional Amateur Sports Protection Act was enacted in 1992 to stop the spread of State- sponsored sports gambling. Nick Burkhart and Dylan Welsh, Saint Louis University law graduates, examine the history of PASPA, challenges to it and how these have been bolstered by recent events. / read more

In May 2009 the Ukrainian Parliament adopted the law 'On prohibition of gambling business in Ukraine' which introduced a complete ban on gambling operations in the country. However, such a complete prohibition on all forms of gambling has seen the large-scale growth of the illegal market, which the Ukraine now hopes to regulate and control with the release of the draft law 'On gambling business in Ukraine,' released at the start of this year. Natalia Pakhomovska and Roman Inozemtsev, of DLA Piper Ukraine, analyse the need for the draft law and the detail. / read more

The UK Gambling Commission published on its website this month a report it commissioned entitled ‘Exploring Social Gambling: Scoping, Classification and Evidence Review,’ as part of its on-going attempts to understand and monitor the social gambling industry. David Clifton, Director at Clifton Davies Consultancy Limited, discusses the approach taken by the Commission and the report. / read more

A recent German Court Decision deals with the age-old question of how to define gambling. As there are relatively few activities in business which are risk free and do not contain an element of chance, the proper definition can become surprisingly important. Michael Schmittmann and Oliver Brock, of Heuking Kühn Lüer Wojtek, explore how, in the court case in question, a store linking the purchase of sofas, chairs and tables to a prize game, caused it to become entangled in the jungle of Germany's Interstate Treaty on Gambling. The case sheds light on the courts’ views on the kind of activities that are covered by Germany’s gambling laws. / read more

Remote gambling legislation passed in Romania at the end of the last decade meant that, as of December 2010, online gambling was allowed to take place in the country - in theory, at least. However, the online gambling market suffered from a serious roadblock in that the remote gambling legislation required a third party to take on monitoring and reporting responsibilities for the sector. No third party stepped up to this mantle and so, essentially, no legal online gambling could take place in Romania. In late March 2013, the Romanian government passed an Emergency Ordinance aimed at finally remedying this problem. Ana-Maria Baciu and Oana Coanda, of Nestor Nestor Diculescu Kingston Petersen, examine the Emergency Ordinance and the impact it will likely have on the Romanian gaming sector. / read more

The latest news published about the sanctioning of inappropriate TV advertising in Italy according to Balduzzi law made me want to set the scene straight regarding the applicable laws and regulations in Italy. / read more

In the decision of 23 March 2013, the Federal Patent Court in Munich ordered the cancellation of the trademark 'TOTO'1. This trademark along with the gambling related trademark 'LOTTO'2, was held by the member companies of Deutscher Lotto- und Totoblock (a cartel of the German state gambling operators). As a result of this decision, the state operators forfeit the protection of this trademark. This article, by Martin Arendts, Attorney at Law at Arendts Anwälte, was first published as content on our homepage in May 2013. / 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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