We therefore reverse the district court and hold that because Big Fish Casino's virtual chips are a 'thing of value,' Big Fish Casino constitutes illegal gambling under Washington law.' 'However, despite collecting millions in revenue, Churchill Downs, like Captain Renault in Casablanca, purports to be shocked-shocked!-to find that Big Fish Casino could constitute illegal gambling. 'Defendant-Appellee Churchill Downs, the game's owner and operator, has made millions of dollars off of Big Fish Casino,' Judge Milan Smith wrote in the opinion. Under Washington law, anyone who loses 'a thing of value' to an illegal gambling operation has legal ground to recover those losses.Ī lower court ruled that virtual chips are not a thing of value, but the appeals court reversed that decision. The original complaint was brought against then-Big Fish parent company Churchill Downs in 2015, by a woman who lost more than $1,000 in virtual chips playing Big Fish Casino. Court of Appeals ruled that Big Fish Games' social casino game Big Fish Casino represented illegal gambling under the State of Washington's existing laws. As reported by Geekwire, the Ninth Circuit of U.S.

While the industry frets over new legislation covering loot boxes, it appears some games have been running afoul of existing gambling laws.

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