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Gambling games dismissed game

Postby Kazralmaran В» 31.01.2020

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Another lawsuit alleging illegal gambling in a social game has been dismissed. None of the plaintiffs have prevailed in these recent cases. In Soto v. Sky Union , three plaintiffs brought nine claims on behalf of four putative classes under various state anti-gambling laws against the mobile application Castle Clash—a popular civilization building strategy game. Specifically, Plaintiffs asserted claims under the laws of California Cal.

On January 29, , Judge Matthew F. Judge Kennelly grounded his decision in the common sense fact that fictional, virtual items such as heroes and talents cannot conceivably be items of value within the context of state anti-gambling law. Specifically, Judge Kennelly first held that, generally speaking, for a given game to constitute gambling, there must be three key elements: 1 payment, 2 chance and 3 prize of value.

As it pertains to the latter, Judge Kennelly held:. Heroes and Talents are not exchangeable for real money or other goods, either within the game or in the real world. Ultimately, players who use their purchased gems to play. And finally, concerning unjust enrichment, the Court concluded its analysis by holding:.

It is not inequitable, therefore, for Sky Union to retain the money plaintiffs spent to purchase gems for use in Castle Clash. This is another significant win for the social gaming industry on a fundamental business practice—the ability to sell virtual items for use in winning other virtual goods to enhance gameplay. In recent blog posts, we discussed two similarly significant victories in Maryland and Washington district courts against other mobile games.

With these decisions should come a collective sigh of relief from the social gaming industry as courts continue to dismiss claims alleging that winning virtual items, for which there is no opportunity to cash out from the game provider, constitutes illegal gambling.

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This blog post originally appeared on the Class Action Defense Strategy Blog on February 8, Another lawsuit alleging illegal gambling in a social game has been dismissed. As it pertains to the latter, Judge Kennelly held: Heroes and Talents are not exchangeable for real money or other goods, either within the game or in the real world. And finally, concerning unjust enrichment, the Court concluded its analysis by holding: [P]laintiffs received precisely what they sought when they gave their money to Sky Union: gems for use in gameplay.

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Re: gambling games dismissed game

Postby Mezigore В» 31.01.2020

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Postby Kazranos В» 31.01.2020

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Postby Zolor В» 31.01.2020

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Postby Najinn В» 31.01.2020

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Postby Malalrajas В» 31.01.2020

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Postby Samukasa В» 31.01.2020

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Postby Vole В» 31.01.2020

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Postby Manos В» 31.01.2020

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Postby Mikalkree В» 31.01.2020

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Postby Madal В» 31.01.2020

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Re: gambling games dismissed game

Postby Nikojinn В» 31.01.2020

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Postby Jumi В» 31.01.2020

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Postby Mashicage В» 31.01.2020

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Postby Basar В» 31.01.2020

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Re: gambling games dismissed game

Postby Mezigal В» 31.01.2020

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