North Carolina Appeals Court Tackles Two Video Game-Style Gambling Cases

October 25, 2011 -

The North Carolina Court of Appeals has scheduled oral arguments today on two lawsuits related to casino-style video games. This comes after two different trial court judges gave different answers last year to the legality of a 2010 law approved by the North Carolina General Assembly. The mixed message delivered by the courts is confusing everyone - from law enforcement to business owners who want to offer their customers access to the machines. Advocates for the law said the change was necessary to end the use of "casino-style video games" that were taking money from citizens three years after a ban on traditional video poker machines in the state took effect.

A Wake County judge dismissed a lawsuit filed by an amusement machine company and upheld the law designed to eliminate video and Internet-based sweepstakes games. Another judge - this time in Guilford County, struck down a portion of the sweepstakes ban as too broad and violation of the First Amendment.

Now it's up to a three-judge panel, which will spend up to two hours hearing arguments in each case. The appellate judges likely won't rule for weeks or months on the cases. Some believe that the fight could end up going all the way to the state's supreme court depending on how the Appeals Court rules.

Of course, the state Attorney General's Office is defending the state in both cases, and asking the panel to uphold the law, which took effect last Dec. 1.

In the Guilford County case, Hest Technologies and International Internet Technologies software sued the state. They market long-distance phone and Internet services that are sold at outlets across the state. They say the computer games they use are a marketing gimmick, not gambling, which allow customers to uncover potential cash and prizes by clicking on computer screens.

Attorneys for the companies said in a court filing that the appeals court should throw out the entire 2010 law because it actually criminalizes "story-driven, arcade-style video games that are wholly unrelated to gambling."

In the Wake County case, Sandhill Amusements argued the 2010 law made it illegal for the company to use video games to show the results of a sweepstakes related to sales of long-distance phone time.

State attorneys told police and sheriff's deputies to enforce only parts of the law that were upheld by both trial judges — and closing down casino-style games and those "not dependent on the skill or dexterity of the player." Other sweepstakes outlets or retailers continued to operate in the days following by replacing slots and Pot-o-Gold with cartoon-style games.

We will have more on this story as it develops.

Source: The Republic

Image provided by Shutterstock. All rights reserved.


 
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Papa MidnightIt's not bad so far, but I am honestly not sure what to make of it (or where it's going for that matter)07/28/2014 - 9:44pm
Matthew Wilsonis it any good?07/28/2014 - 9:36pm
Papa Midnight"Love Child" on HBO -- anyone else watching this?07/28/2014 - 9:27pm
MaskedPixelanteNah, I'm fine purple monkey dishwasher.07/28/2014 - 4:05pm
Sleaker@MP - I hope you didn't suffer a loss of your mental faculties attempting that.07/28/2014 - 3:48pm
MaskedPixelanteOK, so my brief research looking at GameFAQs forums (protip, don't do that if you wish to keep your sanity intact.), the 3DS doesn't have the power to run anything more powerful than the NES/GBC/GG AND run the 3DS system in the background.07/28/2014 - 11:01am
ZenMatthew, the 3DS already has GBA games in the form of the ambassador tittles. And I an just as curious about them not releasing them on there like they did the NES ones. I do like them on the Wii U as well, but seems weird. And where are the N64 games?07/28/2014 - 10:40am
james_fudgeNo. They already cut the price. Unless they release a new version that has a higher price point.07/28/2014 - 10:19am
E. Zachary KnightMatthew, It most likely is. The question is whether Nintendo wants to do it.07/28/2014 - 10:12am
Matthew WilsonI am sure the 3ds im more then powerful enough to emulate a GBA game.07/28/2014 - 9:54am
Sleaker@IanC - while the processor is effectively the same or very similar, the issue is how they setup the peripheral hardware. It would probably require creating some kind of emulation for the 3DS to handle interfacing with the audio and input methods for GBA07/28/2014 - 9:30am
Sleaker@EZK - hmmm, that makes sense. I could have sworn I had played GB/GBC games on it too though (emud of course)07/28/2014 - 9:23am
E. Zachary KnightSleaker, the DS has a built in GBA chipset in the system. That is why it played GBA games. The GBA had a seperate chipset for GB and GBColor games. The DS did not have that GB/GBC chipset and that is why the DS could not play GB and GBC games.07/28/2014 - 7:25am
IanCI dont think Nintendo ever gave reason why GBA games a reason why GBA games aren't on the 3DS eshop. The 3DS uses chips that are backwards compatable with the GBA ob GBA processor, after all.07/28/2014 - 6:46am
Sleakerhmmm that's odd I could play GBA games natively in my original DS.07/28/2014 - 1:39am
Matthew Wilsonbasically "we do not want to put these games on a system more then 10 people own" just joking07/27/2014 - 8:13pm
MaskedPixelanteSomething, something, the 3DS can't properly emulate GBA games and it was a massive struggle to get the ambassador games running properly.07/27/2014 - 8:06pm
Andrew EisenIdeally, you'd be able to play such games on either platform but until that time, I think Nintendo's using the exclusivity in an attempt to further drive Wii U sales.07/27/2014 - 7:21pm
Matthew WilsonI am kind of surprised games like battle network are not out on the 3ds.07/27/2014 - 7:01pm
Andrew EisenWell, Mega Man 1 - 4, X and X2 are already on there and the first Battle Network is due out July 31st.07/27/2014 - 6:16pm
 

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