ALPER OZGIT

A history of confusion

One wrong question. Two catalyst confusions. A much bigger problem.

The master confusion, c. 1790s

Investing or gambling?

The question is already wrong.

In 1792, Alexander Hamilton was already sorting “respectable stockholders” from “mere unprincipled Gamblers.” The sorting has never been settled. Hamilton to Philip Livingston, April 2, 1792 · Founders Online

A blurred spectrum. No settled boundaries.

I respect the choices people make, as long as they are informed choices. What gets in the way? The intersections, where blurred lines hide what a choice really is: conflating investing and speculation, not knowing when speculation shades into gambling, and not appreciating that games are not the only way to gamble.

Why the lines blur

Clear lines would serve the public and create economic growth. But everyone who helps draw them faces a pull in some other direction, and the pulls are not always about money, either.

Operators
Profitability

The label that earns more or costs less can win out.

Regulators
Legacy positions

Reversing an earlier position may be costly, so necessary adjustments become harder to make.

Traders
Self-image

Calling yourself an investor feels better than calling yourself a speculator or a gambler.

Courts
Questions & arguments

Courts generally answer what they are asked and have little flexibility to consider larger questions.

Legislators
Clocks & consequences

Clarity is often traded away to pass a law within a window, and there are often unintended consequences too.

Each pull is already powerful on its own. Together, they can become nearly insurmountable.

The finance lane

Value investing

What counts as investing?

Case study

Is “value investing” a kind of investing?

How one label spread, and what it meant for how the law treats investing and speculation.

Read the case →
Test

Testing the default

What three AI assistants said when asked to explain value investing, and what none of them questioned.

Read the test →
  1. Mid-20th century

    Value investing

    A powerful idea, and an expanded definition. Graham’s own editions, 1949 to 1973, never put the phrase in the subtitle.

  2. 1960s–2000s

    Speculation as investment

    Increasingly, speculative activity is treated, and sold, as investing.

  3. 2009–present

    Crypto

    A new asset class? Or a new application of an old confusion?

  4. 2020s

    Prediction markets

    Event contracts are both described and perceived as investments. Whether the label fits is the question beneath today’s jurisdictional debates.

The games lane

Fantasy sports

What counts as a game?

Case study

Is daily fantasy gambling?

A decision tree of the New York question, and where the skill argument breaks.

Read the case →
Test

Testing the default

The same test, run on daily fantasy sports.

Not yet run
  1. 1980s–present

    Fantasy sports

    Framed as a game, not gambling.

  2. 2010s–present

    Daily fantasy sports

    Extends the game framing, and wins legal acceptance.

  3. 2018

    Murphy v. NCAA

    Widely read as giving states the authority to legalize sports betting.

  4. 2020s

    Prediction markets

    Sports event contracts and beyond. Their regulatory and legal status is still contested.

Investing or gambling?

Different paths. The same unresolved question.

A family of confusionsInvesting, speculation, gambling, and games are not separate worlds. They are deeply connected: historically, legally, and economically.

Real-world consequencesWhere something falls in this spectrum can determine who regulates it, where it may be offered, what protections apply, and whether it is legal at all.

My work within the framework

This framework is the organizing problem behind much of my work. Different projects examine different parts of the same definitional confusion.

The games lane

Fantasy sports, sports betting, and prediction markets.

Manuscript under review

Unfinished Business: Sports Gambling After Murphy

State authority, federal law, and what remains unresolved.

Working paper

Fooled: Fantasy Sports Is Not a Game

How the “game” framing concealed fantasy sports’ character as gambling and enabled the rise of daily fantasy sports.

Work in progress

Commodities, Contracts, and Casinos: Reading the Commodity Exchange Act as a Whole

Essay, Full Court Press, Nov 26, 2025

Federal Preemption Has Been Barking For Years

Prediction markets, the CFTC, and the states.