It would be hard to argue that your I-phone is designed to take advantage of a video poker machine.
I could see some overzealous prosecutor charging somebody under that statute, but I can't see a jury handing over a conviction
because you were looking at a chart on your phone. If you were running one of the programs that actually analyze a specific hand, that would be another story. At least that is my opinion.
A.P.
From: "straub@shore.net [vpFREE]" <vpFREE@yahoogroups.com>
To: vpFREE@yahoogroups.com
Sent: Monday, August 4, 2014 5:06:18 PM
Subject: [vpFREE] Re: Video Poker for iPad, iPhone, iPod
To: vpFREE@yahoogroups.com
Sent: Monday, August 4, 2014 5:06:18 PM
Subject: [vpFREE] Re: Video Poker for iPad, iPhone, iPod
C said:
"... in my reading of the statute [only using a rendering/image (JPG) of the strategy chart or a PDF or scan not directly created on the device] this would not qualify as using software to gain an advantage. But I'm curious what others would think."
That's possibly true, but someone could argue you are using JPEG or PDF software. But even assuming that it is not created with software on the device, still I'm not sure how the 'I'm-not-using-software' argument gets you off the hook since the statute states in summary:
It is unlawful for any person to use any electronic, electrical, or hardware device designed to obtain an advantage at playing any game. I don't see how using a cell phone, or I-pad-like device (which is electrical/electronic hardware) would not fall into the category above.
Next C states: "I certainly don't want to get stuck carrying 80+ cards of strategy with me everywhere".
Well the statute does not have a loophole that if you have to carry 80+ cards of strategy, then the statute does not apply to you ;).
Next, saysitsme says:
"As regarding the law I think it would be legal in Nevada to use electronic help on 16-10 2's, Pickem Poker, 9-6 Jacks, Multi Strike 9-6 Jacks etc... as you do not gain a mathematical edge using the devise. However it would be illegal to use the devise for 10-7 double bonus, 10-6 double-double bonus, full pay 2's and progressives where return with perfect play is over 100%."
Where does it say the strategy using the electrical electronic device has to increase your advantage to over 100% before it becomes illegal? All it says is: " ... to obtain an advantage at playing any game … .
I guess if you had a lousy electronic based strategy card that would actually cause mistakes relative to the best strategy that could create a disadvantage for the player. Then I think you could argue you are innocent because you ere playing at a disadvantage. But not only would have to hire a lawyer but also probably also someone with Bob Dancer's reputation to show a judge or jury that this electronically derived/rendered strategy was so flawed that no advantage could be gained by using it. And we all know Bob get's the big hourly bucks as an expert in video poker and to be an expert witness and likely would relish an assignment like this.
saysitsme also says: "A question for the last poster why do you have to disclose that you have been arrested? An arrest is not a conviction. Innocent until proven guilty."
Many job applications ask if you have ever been arrested. If you say no when the truth is you have been you could be in trouble for lying about it. If you say I have been arrested and they have an equivalent candidate that hasn't been arrested although it may be unfair and they may not come out and tell you that was a consideration, having been arrested is generally not going to help your chances for a job in the real world.
In addition when you are applying for a professional license or recurring relicense in most states you are specifically asked on the form whether you have ever been arrested or arrested since the last time the license was renewed. It's a lot easier and less complex and time-consuming to say no (truthfully) than having to "splain" the entire episode.
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Posted by: Albert Pearson <ehpee@rogers.com>
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