Skill, Chance, or Both?

London jurors are considering the game of Poker in terms of whether it is one of skill or chance, in order to determine the fate of a Pub owner who sponsored a poker game in his establishment across the pond. If the pub owner’s defense team can convince the court that the game is purely one of skill rather than chance, their hope is that he will be found not guilty of holding a gambling event without proper licensure. If, indeed, his defense is truly based on the argument that poker is entirely a game of skill, then I believe his legal strategy is overly simplistic, and that this chap had better get ready for an unfavorable verdict.

Any seasoned poker player knows that the game of poker is heavily affected by the “chance” or random fall of the cards. However, the best players also know that they make their money by using skillful play to minimize the negative effect of the randomness of the cards, while maximizing the positive effect of same. Anyone who denies the role of “chance” in poker is just plain wrong. BUT…anyone who denies the central roll of skill in poker, well, they are a sucker, and I have a nice comfortable chair available for them right here next to me at the poker table.

There is, however, a world of difference between poker and other casino “games of chance”, which is why there are millions of poker players who walk right past the slots and table games every time they make their way to the casino poker room. Like many poker players, I don’t give a second thought to putting money into any of those “house” games, because I KNOW that long term, if i do, then I lose, since long term the “house” wins.

On the other hand, I KNOW just as surely that long term, any money I put into poker brings me a positive return. And I know that this is true from years of study, practice, experience, and disciplined play. I know it because like other good players, I have learned to master the randomness of the cards through skillful play.

Interestingly, the U.S. courts have, in the past, recognized this distinction between poker and other forms of gambling due to the skill required in the game. And this issue is front and center once again here in the U.S., as lending institutions, legislators, lobbyists, poker sites, players, et al deal with the Unlawful Internet Gambling Enforcement Act which was passed in late 2006.

There has been so much frantic reaction to the legislation, that the facts of the matter are often times missed. While various forces seek to have the game of poker excluded from the UIGEA legislation, based on the argument that it is a game of skill (tempered by chance, if the truth be told), a careful analysis of the legal landscape shows that as far as the courts have previously determined, poker is in all likelihood already excluded from the reaches of this and other related federal law, nevermind the skill/chance argument.