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He represents the Jacksonville company that licenses and distributes the games, Gator Coin II . But the court said DeMaggio “improperly focus(ed) on the player’s knowledge instead of the machine’s operation.” He sought “to define the game as what happens after the player presses the play button – i.e., the flashing lights and sounds – thereby ignoring the operation of the machine … the element of chance is inherent in it given that it has a preset win/loss ratio.” The court added that though “the user is advised of the outcome of the game at hand ahead of time through the preview feature, the user cannot predict that outcome until it is randomly generated and then displayed by the machine. Nor can the user predict the outcome of Game 2 while playing Game 1.” Jonathan Fanning, Gator Coin II’s third-generation owner, said he had not yet read the decision when reached Thursday and declined immediate comment. The case began when Department of Business and Professional Regulation (DBPR) agents found one of the games in a Jacksonville sports bar and told the proprietor the machine was an “illegal gambling device.” A lawsuit followed. After first deciding “pre-reveal” games aren’t slots, Circuit Judge John Cooper of Tallahassee reversed himself last year, saying he had “(gotten) it wrong the first time.” Cooper changed his mind after a hearing in which Barry Richard, a lawyer for the Seminole Tribe of Florida , told him the machines violate the Tribe’s exclusive right to offer slot machines outside of South Florida. “We’re very pleased with this decision,” Richard said Thursday. “It gives a clear definition of what a slot machine is, and we need that, because people keep trying to circumvent it.” The judge, however, had said his reversal was based on further evidence on how the pre-reveal, or “no chance,” games — as its software maker prefers to call them — actually play.
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An advisor named 'Chip' is ready for gamblers' questions on the GameSense website. (Courtesy of GameSense/Massachusetts Gaming Comission) The theory is if a customer understands how much the odds are stacked against them, they will see gambling more as entertainment, and less as a financial strategy. “If you feel like you have a strategy that can beat the house, with those types of myths in mind, it can lead to problems down the road,” Linden said. “What we want to do is provide information so that they can make an informed choice about when to gamble, when to stop and when to walk away.” UMass researcher Rachel Volberg studies gambling trends for the state. “People have all kinds of weird ideas about gambling,” Volberg said. “You know, like, this slot machine hasn't paid out for an hour, so it’s going to pay out any second now, and I'll just keep shoveling money into it.” Volberg agrees that misunderstanding the odds of winning can contribute to compulsive gambling, but she’s not sure educating people will solve the problem. “It's not a bad thing,” she said. “I don't know how effective it is, because you know, people like their little fallacies, and they like to think how they think.” Volberg does think GameSense can help at-risk gamblers in other ways — for instance, by suggesting people take breaks from gambling, or helping them set, and stick to, a limit for how much money they’ll spend. This photo shows the MGM Springfield gaming floor.
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