rifflemao said:
http://en.wikipedia.org/wiki/Dominant_Factor_Test
"The California Supreme Court said:
The term 'game of chance' has an accepted meaning established by numerous adjudications. Although different language is used in some of the cases in defining the term, the definitions are substantially the same.
It is the character of the game rather than a particular player's skill or lack of it that determines whether the game is one of chance or skill. The test is not whether the game contains an element of chance or an element of skill but which of them is the dominating factor in determining the result of the game." (
source)
As for other states, it depends on what test they use to define gambling.
I'm not debating here whether poker requires skills or not. Yes, poker requires skills. However, it is also gambling. Just because something requires skills does not mean it's not gambling. I love how people can become very narrow-minded and automatically assume that if something requires skills, then it's not gambling. Blackjack requires skills also, but it's still gambling.
When you're placing money into the pot where you have no guarantee of the outcome, then you are gambling. However, it is a different type of gambling where you play against each other instead of the house. If you go all-in with AA and I call you with 22, then sure, you'll win 80% of the time but at any given time, can you guarantee that you'll win? NO. You're putting your money in as favorite but there's a limit to how much skill can apply. In order to determine the skill portion, it's measured through large volume of
hands, hence why all the regulars discuss win rates, bb/100, ROI over thousands of tourneys or millions of hands, etc. When you're
bluffing, you're also gambling on the tendency that your opponent folds based on his range and his fold
equity. It's not guaranteed that you'll win hence the reason why it's gambling.
It is a gambling game that requires skills, unlike other gambling games where no skills are required. Gambling that requires no skills are games such as lottery,
slots, bingo, etc where everyone has equal chance of winning. Games such as poker, blackjack are games where better players will profit over the long period of time but the skill portion is only determined through long period of time. When it gets down to one game, one session, one tournament, you better believe it or not, luck plays bigger role than skills.
I'm done with this discussion. No use debating with people whose only logic is "skill game = not gambling".