gromulan said:
[...]
Gambling on a pool game between two parties is not illegal, and in fact is not even considered gambling, by the strictest sense of the legal definition. In order for 'gambling' to exist, there must be three elements - Prize, Chance, and Consideration. Prize is the money won, Chance is the luck element, and Consideration is the money bet. If any element is removed then the act cannot be considered 'gambling'.
The same therefore holds true if you play a game like pool or golf and wager money. The middle element, Chance, has been removed, because they are games of skill. [...]
Here's something I wrote on this issue several years ago.
***
*People have said that in some states betting on the flip of a
coin (outcome is based on chance) is illegal, while betting on, say, *who
can do more pullups (outcome based on skill) is not. *We all know that
while there are elements of chance in pool, pool is fundamentally a game
of skill, *right?
So humor me here and think conceptually about *the way* we tend to bet on
pool. *First look at the legal system--the advocacy system. *The goal of
our legal system in, say, a civil dispute is truth and fairness. *The
mechanism to get there though is each side advocating for itself. *The
objective of each party is to uncover facts favorable to its argument, to
present facts in a way that supports its argument, and to explain
persuasively why the facts that do not seem to support its argument are
less important or are suspect in some way. *The philosophical ideal is
that the limit of this process is truth and fairness. *That is, ignoring
practical problems like a mismatch in the means and ability to investigate
and advocate effectively, the limit is the important facts all come out,
and the misleading facts get exposed as such, and truth and fairness
prevail. *"Fairness" here might be that one side wins big time. *That is,
when the contract is analyzed and all the facts are uncovered, the
interpretation of one party might emerge as the reasonable one.
Matching up at pool has some things in common with this.
"I need the seven and the breaks."
"The seven and the breaks? *Are you crazy? *I know you've been practicing
a lot lately. * Besides I heard you've been playing Bubba straight up. *I
can't spot you"
"That was one-pocket. *Everybody know Bubba can't play one-pocket. *I
couldn't touch Bubba in 9-ball. *And I never play well on these tight
tables. *I get the 8-ball from Steve, and I know you spot him. *I need at
least the call seven and the breaks."
...etc.
Each side advocates for itself just like in the legal system. *Each side
uncovers or presents facts favorable to it and tries to minimize the
importance of unfavorable facts. *
Think of what the ideal limit here is. *As all the facts are uncovered and
as each side presents those facts in a way that supports its interest, the
limit--the ideal--is a spot that leaves a game based on chance. *So even
though pool is a game of skill with chance playing a small role generally,
gambling matchups that try to negate the skill differential leave chance
as playing a proportionally bigger role, and in the ideal limit of the
perfect matchup, the outcome is determined totally by chance.
--
mike page
fargo