Yes I think what they are doing is illegal and they should not be permitted to operate outside the gaming regulations of individual states.
But it doesn't matter what I think. I was trying to have a conversation about the gray areas and why we don't just send people straight to jail for trying out a new, novel, (and potentially illegal), business model.
The courts are figuring it out.
>I was trying to have a conversation about the gray areas and why we don't just send people straight to jail for trying out a new, novel, (and potentially illegal), business model.
Actually we do. If a court finds your activity was illegal, you get the according punishment. The court doesn't say "oh gee golly, you're guilty but we'll let you off for this one because who could see it coming!"
>The courts are figuring it out.
The courts figured it out. It does not matter in Utah state court, what the 3rd circuit thinks. It is not binding precedent in Utah state courts.