In a decision that could very well have
implications in future court rulings regarding online poker, a Danish municipal
court has overturned a previous ruling that declared poker as being a game of
chance not falling within the regulatory framework of Danish gambling laws.
Citing poker as a game whose outcome is dependent on both skill and chance, the
ruling helps to set a precedent which poker players around the world have long
been seeking to establish.
In the U.S., where
online poker
rooms are prohibited under
the Unlawful Internet Gambling Enforcement Act, there is a large collective
voice, namely coming from the ranks of the Poker Players Alliance, that online
poker should be exempt from the UIGEA. In fact, legislation is being introduced
at this time in which online poker would be a benefactor of the UIGEA's already
existing carve-outs for horseracing, lottery and fantasy sports betting -
leaving only online casino games behind in the dust.
The Danish court ruling accomplishes two major
things. First, it gets Danish Poker Association President, Frederik Hostrup, off
the hook for allegedly organizing and hosting "illegal" poker tournaments.
Hostrup is now acquitted of charges brought up by the hotel and restaurant trade
organization, Horesta, who is apparently working on behalf of Denmark's
land-based casinos (no surprise there). Horesta now has fourteen days to decide
whether they will appeal the decision and perhaps take another angle in the
case. Interestingly enough, Horesta's non-cited argument is that approximately
85,000 Danes are at risk of becoming addicted to gambling.
The second thing this ruling accomplishes is that
it helps to legitimatize poker, as Hostrup's attorney, Henrik Hoffman, pointed
out in an interview with the Politiken newspaper. It's common news that poker is
very popular in Denmark, just as it is around the world. Statistics show that
somewhere between 200,000 and 300,000 Danes play poker every week and that
approximately 500,000 play on a regular basis.