Can we step back a bit? What's the statute that references "gaining an advantage" as a requisite condition for banning a device from gaming play?
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Here's what I found in a cursory search:
Nev Rev Stat 465.075—Use of device for calculating probabilities.
1. It is unlawful for any person to use, possess with the intent to use or assist
another person in using or possessing with the intent to use any computerized, elec-
tronic, electrical or mechanical device which is designed, constructed, altered or
programmed to obtain an advantage at playing any game in a licensed gaming estab
lishment, including, without limitation, a device that:
(a) Projects the outcome of the game;
(b) Keeps track of cards played or cards prepared for play;
(c) Analyzes the probability of the occurrence of an event relating to a game; or
(d) Analyzes the strategy for playing or betting to be used in the game, except as
may be made available as part of an approved game or otherwise permitted by
the Commission.
2. As used in this section, "advantage" means a benefit obtained by one or more
participants in a game through information or knowledge that is not made available
as part of the game as approved by the Board or Commission.
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So, there's no reference to an "advantage over the casino". It's merely sufficient that the player obtains a benefit from the device.
Although I'm sure some will disagree with me, I would expect the courts to find that looking up the best play for a given dealt video poker hand on an electronic device falls within the defined prohibited activity under this statute (even if merely referencing a static strategy table).
Posted by: harry.porter@verizon.net
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