Thanks for that article. Very good read!
I agree that rules and laws are unconsitutional or unfair in many cases. Hell, I would be out of a job if that were not the case (as would the Supreme Court).
The question in the 5Dimes case is whether their rules are unfair. It could be argued unfair in principle but it is not unfair in practice in my opinion. As any lawyer would say the key to arguing a law is the jurisdiction. If someone from the US smokes pot in Amsterdam, it's legal and the US cannot charge them for drug use. Under US law I think this rule, in this specific situation still stands. If the Supreme Court can say "no gays" in the Boy Scouts is allowed, I think they would say "no robots can play at 5Dimes". Just speculation though.
However what the US would do does not matter. The problem to everyone arguing the validity of the rule is 5Dimes is located in Costa Rica. Costa Rica has long said they will not deal in gaming/processing related disputes. So, Tony has carte blanche to create any rule, however crazy, and the only court he will be tried in would be the court of public opinion and SBR. His only penalty for stupid rules (although again I don't think the no bot rule is stupid) would be loss of business. Tony cannot make any rule, not because it could be proven invalid in court but because he will lose business and then what is the point of operating 5Dimes. So, he makes rules that are strong enough to protect him but open enough that he doesn't destroy public opinion.
SBR can say a rule is invalid but they are by no means an executive branch of offshore gaming. The only way they can force or attempt to force action is through leverage. SBR actually has more power than the Costa Rican government in situations like this. If SBR were to downgrade an A+ book or threaten a downgrade the effect on people leaving or not signing up with the book is worth plenty more than the book just settling the issue or changing the rule based on SBR's decision.
My conclusion is Tony can make any rule he wants. Like it or leave it there is nobody that will win such a case given the jurisdiction. People do not have to play there. Tony can do this because there is no law or court that will invalidate his rules. The only place is SBR and even then Tony can say F-Off. Tony will just pay in revenue but never have to pay a lawyer on the topic. His rules may not be fair but whatever his rule, even if he said "no blacks" would not be tried in any actual court and overturned. So in the end, Tony is God at 5Dimes because your only higher power over Tony is SBR leverage.
As offshore players we are all at the mercy of the establishments. Many people find this out, like cory with EZStreet, that no matter your case, if the establishment refuses to do something, there is nobody to force them otherwise. Until that changes, Tony can post whatever rules he wants. The only thing that keeps him in check is not making silly rules like "no winning bets on Saturday" because nobody will be there. But again, Tony could make that rule and it could stand with nobody having any recourse against it. It's all jurisdiction and rule of law!
I agree that rules and laws are unconsitutional or unfair in many cases. Hell, I would be out of a job if that were not the case (as would the Supreme Court).
The question in the 5Dimes case is whether their rules are unfair. It could be argued unfair in principle but it is not unfair in practice in my opinion. As any lawyer would say the key to arguing a law is the jurisdiction. If someone from the US smokes pot in Amsterdam, it's legal and the US cannot charge them for drug use. Under US law I think this rule, in this specific situation still stands. If the Supreme Court can say "no gays" in the Boy Scouts is allowed, I think they would say "no robots can play at 5Dimes". Just speculation though.
However what the US would do does not matter. The problem to everyone arguing the validity of the rule is 5Dimes is located in Costa Rica. Costa Rica has long said they will not deal in gaming/processing related disputes. So, Tony has carte blanche to create any rule, however crazy, and the only court he will be tried in would be the court of public opinion and SBR. His only penalty for stupid rules (although again I don't think the no bot rule is stupid) would be loss of business. Tony cannot make any rule, not because it could be proven invalid in court but because he will lose business and then what is the point of operating 5Dimes. So, he makes rules that are strong enough to protect him but open enough that he doesn't destroy public opinion.
SBR can say a rule is invalid but they are by no means an executive branch of offshore gaming. The only way they can force or attempt to force action is through leverage. SBR actually has more power than the Costa Rican government in situations like this. If SBR were to downgrade an A+ book or threaten a downgrade the effect on people leaving or not signing up with the book is worth plenty more than the book just settling the issue or changing the rule based on SBR's decision.
My conclusion is Tony can make any rule he wants. Like it or leave it there is nobody that will win such a case given the jurisdiction. People do not have to play there. Tony can do this because there is no law or court that will invalidate his rules. The only place is SBR and even then Tony can say F-Off. Tony will just pay in revenue but never have to pay a lawyer on the topic. His rules may not be fair but whatever his rule, even if he said "no blacks" would not be tried in any actual court and overturned. So in the end, Tony is God at 5Dimes because your only higher power over Tony is SBR leverage.
As offshore players we are all at the mercy of the establishments. Many people find this out, like cory with EZStreet, that no matter your case, if the establishment refuses to do something, there is nobody to force them otherwise. Until that changes, Tony can post whatever rules he wants. The only thing that keeps him in check is not making silly rules like "no winning bets on Saturday" because nobody will be there. But again, Tony could make that rule and it could stand with nobody having any recourse against it. It's all jurisdiction and rule of law!