Digital gaming has seen explosive growth over the past decade. It owes its meteoric rise in large part to a particular subset of the industry—digital games that are played online. This article highlights two problems posed by gambling laws that may trouble digital gaming developers. The first is a new take on a familiar problem—the issue of uniformity. Although most states use the same rudimentary formula with the same elements for determining whether a game can be considered “gambling,” they vary as to how much of each ingredient is necessary to violate the law. The second is a problem likely unforeseen when the gambling laws were first passed—the issue of secondary markets (i.e., how players place real-world value on otherwise worthless in-game items and use those items to place wagers on in-game events).
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