Friday, March 7, 2008

Poker Stars - Judge gives iMEGA case mixed results

Judge gives iMEGA case mixed results

U.S. District Judge Mary Cooper dismissed the organization's challenge of the ban in her ruling, but she did give the group legal standing to challenge the law in an appellate court.

The UIGEA is designed to stop online gambling by preventing the electronic processing of money from financial institutions and credit cards to or from online gambling sites. iMEGA was arguing that the law was unconstitutional on many fronts, including invasion of privacy and freedom of speech concerns.

Judge Cooper dismissed the constitutional challenges to the UIGEA, finding that the law had been legally enacted and doesn't violate the Constitution.

"The plaintiff's claims express a fundamental disagreement with Congress' judgment that Internet gambling should be controlled legislatively, and pose questions as to whether UIGEA, given its exceptions and conjectural enforcement problems, will be successful in accomplishing its desired ends. But it is not the Court's role to pass on the wisdom of a Congressional act or speculate as to its effectiveness," Judge Cooper wrote in her conclusion.

"The Court has determined that the challenged statute was lawfully enacted and does not impermissibly intrude on the Constitution's guarantees."

iMEGA had also argued that the new law is contrary to the World Trade Organization's decision that U.S. online gambling ban laws were in violation of trade agreements it had made through the WTO.

Judge Cooper dismissed that argument as well, saying it was a challenge that may be brought only by the government itself, not by an individual or private group.

However, iMEGA was granted legal standing as an association acting on behalf its members who could potentially be affected by the UIGEA being implemented. This allows the organization to continue on appeal or possibly file a new action against the law on different grounds.

"Granting iMEGA standing is a major victory any way you look at it," said Eric M. Bernstein, Esq., attorney for iMEGA. "Judge Cooper's ruling holds that, even with the passage of UIGEA, online gambling is only illegal in states where a statute specifically says it is."

Joe Brennan Jr., iMEGA chairman, expressed the organizations satisfaction with the court ruling as well despite having the majority of its charges dismissed.

"Judge Cooper found that banks, credit card companies and other payment system instruments are exempt from criminal sanctions under UIGEA, significantly undercutting UIGEA's enforcement mechanism," Brennan said. "Her ruling echoes the growing consensus of opinion that UIGEA is a fundamentally flawed statute."

The organization does plan to appeal the decision, according to Bernstein.

"We believe Judge Cooper missed the opportunity to affirm Americans' online privacy rights and we plan to appeal to the Third Circuit Court of Appeals," Bernstein said. "However, her honor's decision significantly undercuts the federal government's argument that UIGEA is a well-drafted, effective and enforceable law."

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Hellmuth, Duke to give poker lessons in Canada

The seminar will include instruction on cash game strategy, sit-and-go tournament strategy and multi-table tournament strategy. There will also be time for a question-and-answer session.

Participants will also be treated to a $300 gift bag of items, a chance to win a seat to the 2008 Aruba Poker Classic and lunch and a meet-and-greet with the UltimateBet pros on hand to provide their poker expertise.

That team of pros will be led by Annie Duke and Phil Hellmuth and includes Shawn Rice, James "Krazy Kanuck" Worth, Gary "DeBo34" DeBernardi and Mark "POker Ho" Kroon.

Hellmuth brings to the table his 11 World Series of Poker bracelet wins as well as more than $10 million in tournament winnings over the years. Duke is one of the top-ranked female players in the world with a WSOP bracelet of her own, more than $3.5 million in tournament winnings and extensive cash game experience.

While Rice, Worth, DeBernardi and Kroon don't have quite the impressive poker resumes that Hellmuth and Duke have, they too offer expertise, gathered from both the live and online poker worlds.

The team will be making its way to five cities in Canada during the Cross Canada Tour, starting with Toronto on Saturday, March 8. The full schedule is as follows:

Date Place Lead Instructor
March 8 Sheraton Centre, Toronto Hellmuth
March 15 Centre Mont-Royal, Montreal Duke
March 16 Ottawa Marriott, Ottawa Duke
April 26 Downtown Ramada, Calgary Hellmuth
April 27 Downtown Marriott, Vancouver Hellmuth

Registration along with a light breakfast for participants begins at 9 a.m. local time the day of the seminar, and then the classes begin at 10 p.m. and last until about 6 p.m.

Space is limited, and people wishing to participate can reserve their seats now online at UltimateBet.net. The seminar costs $299 per person.


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World Poker Tour claims $10M loss
A year ago, the World Poker Tour was quickly growing and making money. A year later, the company, traded on NASDAQ, is reporting a loss. Revenues for the WPT were down almost 25 percent to $21.7 million in 2007 as compared to 2006. Revenues were reported at ��...full article

wpt_logo5.jpgA year ago, the World Poker Tour was quickly growing and making money.

A year later, the company, traded on NASDAQ, is reporting a loss.

Revenues for the WPT were down almost 25 percent to $21.7 million in 2007 as compared to 2006. Revenues were reported at $29.3 million for 2006. WPT has a net loss of $9.6 million in 2007, after it earned $7.8 million in 2006, although those earnings were helped by the WPT’s aale of PokerTek, Inc. stock.

According to cardplayer.com:

The company had no debt at the end of 2007 and total cash, cash equivalents, and investments of around $31 million.

Chief Executive Officer Steve Lipscomb said, “2007 was a transitional year for WPT Enterprises. We have been focused on shifting our business from a traditional media and entertainment company to a multimedia entertainment and gaming company. We plan to derive future revenues from sponsorship, television, and online and mobile subscription opportunities.”

Whole thing here.



Two automated poker table giants going to court

Under such a setup, there's no poker paraphernalia (chips, cards, etc.) or dealer. Players sit at individual electronic screens around a table, and a computer program divides up the chips, keeps track of all the action and determines the winner.

As much as this innovation may appear to be the wave of the future, a war is brewing that could have repercussions for automated poker.

In what could be a pivotal battle for the future of automated poker tables in casinos, Lightning Poker, which owns and sells the Lightning Poker gaming table, has filed a patent infringement lawsuit against PokerTek and its PokerPro automated poker tables.

On March 4, Lightning Poker, a subsidiary of Shuffle Master, Inc., filed a complaint in the United States District Court in New Jersey alleging that PokerTek's development infringes on the patent that was filed by Lightning Poker in 2004 for electronic poker tables.

PokerTek is accused of using, selling and offering for sale poker tables that infringe Lightning Poker's U.S. patent. The complaint is seeking unspecified monetary damages from PokerTek as well as a permanent nationwide injunction barring the use and sale of all of PokerTek products.

"Although Lightning Poker recognizes and respects the constant innovation in gaming technology, we cannot permit willful infringement of our valuable intellectual property. PokerTek has exploited the innovations covered by our patent for its own benefit in the face of our patent," said Brian D. Haveson, president and CEO of Lightning Poker.

"Lightning Poker is a pioneer in automated poker and annually invests millions of dollars in research and development to create technologies that bring significant value to our customers and players. We are determined to remain a leader by leveraging our superior functionality and high reliability, and by vigorously defending our intellectual property," Haveson continued.

Responding to the lawsuit yesterday, PokerTek CEO Chris Halligan stated that the case is without merit and that PokerTek looks forward to defending its interests in court.

"This is not the first time Lightning Poker has sued us," Halligan commented. "Its last lawsuit was unsuccessful and we will work to ensure a similar outcome here. We remain focused on growing our business and extending our lead in the marketplace."

Halligan noted that PokerTek has more than 40 patents itself and will use those patents to prove that it hasn't violated Lightning Poker's intellectual property rights.

Timing could prove pivotal in the case. Lightning Poker filed its application in 2004, but it wasn't granted until December 2007. PokerTek's patent application for the PokerPro table was filed in March 2005 and was also granted in 2007.

Thus, resolution of the dispute may require that a patent arbitrator determine which of the two companies holds the intellectual property rights or, alternatively, that they simply developed a similar product independently of each other.

With both companies traded on the NASDAQ stock exchange and a loss in the courts potentially affecting their trading prices, the battle between Lightning Poker and PokerTek for the future of automated poker tables could be a major one.


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WPT reports revenue losses for 2007

WPTE's net loss for the fourth quarter of 2007 was $1.8 million, compared to a net loss of $1.1 million for the same period in 2006. For year-end 2007 the company's net loss was $9.6 million, compared to net earnings of $7.8 million in 2006.

The company's 2007 revenue was approximately $7.6 million lower than the year before. CEO Steve Lipscomb attributed that drop to two main factors.

The first is that WPTE delivered a total of only 22 episodes of television programming, as compared to 45 episodes the year before. The difference is almost completely attributable to the Travel Channel declining to pick up a second season of the Professional Poker Tour; it had ordered the complete first-season PPT run of 24 episodes in 2006.

The second is that WPTE's 2006 revenue included a $10.2 million pre-tax gain on the sale of PokerTek common stock. There was no such buffer against losses this year.

Other, more minor factors impacting WPTE's bottom line for 2007 were lower international television licensing revenues and lower online gaming revenues. The losses were partially offset by almost-doubled hosting and sponsorship revenues.

While WPTE's earnings and revenues both dropped substantially, Lipscomb is upbeat about the shift in strategy his company began undertaking in 2007.

"We have been focused on shifting our business from a traditional media and entertainment company to a multimedia entertainment and gaming company," Lipscomb said, noting the company's partnership with online gaming network Cryptologic and its new broadcast and promotion deal with GSN.

One of the most potentially lucrative new ventures for WPTE is its exclusive 10-year agreement with the China Leisure Sports Adminstration Center to "promote and grow the sport of Poker in China." That includes a five-year renewable agreement to sponsor China's first-ever National Traktor Poker Tour, based on a traditional Chinese folk game called Tuo La Ji that has been described as a cross between gin and bridge.

WPTE expects its association with China to boost future revenues through sponsorship, television, and online and mobile subscription opportunities.

The company also expects increased revenues from its new ClubWPT.com Web site, which it describes as "an innovative subscription-based online poker club targeted to the estimated 60 million poker players in the United States."

According to the CEO, WPTE's marketing strategy for the near future will focus on product improvements, localized content and driving players to its Web site.

"With our positive momentum and world-class brand," Lipscomb said, "we are enthusiastic about the prospects for 2008 and beyond."

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Bodog Poker Open Event 4 goes to foldpreflop85

foldpreflop85 didn't live down to his screen name, working his way through a roster of opponents that included Team Bodog poker pros David Williams, Josh Arieh and Jean-Robert Bellande.

Some other notable Bodog Poker regulars were in the mix as well. Joe "Dyzalot" Morneau, daisyxoxo, iLLNuGWichie, Smith "nevertilt22" Collins, Jonathan "UFPokerStar" Wester and Matt "thatsNice" Larsh also put up the $215 buy-in for this Pot-Limit Hold'em event.

Despite plenty of success on the poker site, none of those players landed in the top spot. That honor went to foldpreflop85 as he pocked $14,100 and a seat in the main event for the win.

The final-table results were:

Place Name Prize
1st foldpreflop85 $14,100
2nd shipthechezz $9,400
3rd alcarmo $5,593
4th basebaldy $3,760
5th Jack Splat $3,055
6th MOBstar $2,350
7th cmizzles3687 $1,645
8th PROMETHEUS $1,222
9th vinnyb9 $799

Players keeping an eye on the Bodog Poker Open results may notice an interesting pattern forming. Once again, alcarmo made the final table of an event, finishing third in Event 4. He has already made a sixth-place finish in Event 2 and landed in fourth place in Event 3; now this third-place finish is further evidence of his prowess.

It also gives him a total of $17,628.50 so far in the Bodog Poker Open, and Bodog is touting him as a possible favorite to win the Main Event.

The final preliminary event of the series gets under way today at 8 p.m. (EST) with a $150+$10 Limit Hold'em event. Bodog Poker will also be sweetening the pot by adding another $10,000 to the prize pool.

The series will take a break on Saturday to focus on satellites into the main event. Starting at 6 a.m. (EST), satellites will be running at least every hour leading all the way up to the main event on Sunday.

On Sunday at 9 a.m. (EST), satellites will begin running at least every half hour, with Last Chance qualifiers running every 15 minutes as the start of the main event nears.

The $500 Bodog Poker main event is scheduled to start Sunday, March 9, at 4 p.m. (EST). Bodog Poker will be adding $25,000 in additional money to the prize pool.

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