Is daily fantasy gambling?
The New York question, set out as a decision tree: where the skill argument holds, and where it breaks.
The decision tree
Is daily fantasy gambling under New York law?
A game of chance?
Evidence of skill says mostly no. The debate in court stops here.
A game of skill, so not gambling?
Proves too much. The same logic would clear horse racing and sports betting.
A bet on future events outside the player’s control?
A separate test that applies however much skill is involved.
Not a game, but a market. If it is a market, federal law may apply, and the state contingent-event question may be moot. The next question might be its economic purpose.
Inconsistency foundResolution argued
This is another good candidate for AI testing. I am developing a rubric to see how AI assistants handle it, as I did with value investing.