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	<title>Comments on: Poker in Tennessee</title>
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	<link>http://www.saysuncle.com/2007/04/14/poker_in_tennessee/</link>
	<description>Remember, I do this to entertain me... not you.</description>
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		<title>By: Headlines: Poker, Law, and Politics (04/16/07) &#171; Poker Players Alliance Blog</title>
		<link>http://www.saysuncle.com/2007/04/14/poker_in_tennessee/comment-page-1/#comment-169332</link>
		<dc:creator>Headlines: Poker, Law, and Politics (04/16/07) &#171; Poker Players Alliance Blog</dc:creator>
		<pubDate>Mon, 16 Apr 2007 20:10:03 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/04/14/poker_in_tennessee/#comment-169332</guid>
		<description>[...] Poker Busts: &#8220;So Ridiculous. They Blow It Out of Proportion&#8221; (Wicked Chops, 04/13/07)   Poker in Tennessee (Say Uncle, 04/14/07)   Fly on the Wall: Listening in the Al D&#8217;Amato/PPA Teleconference (Kick Ass Poker, 04/15/07)  [...]</description>
		<content:encoded><![CDATA[<p>[...] Poker Busts: &#8220;So Ridiculous. They Blow It Out of Proportion&#8221; (Wicked Chops, 04/13/07)   Poker in Tennessee (Say Uncle, 04/14/07)   Fly on the Wall: Listening in the Al D&#8217;Amato/PPA Teleconference (Kick Ass Poker, 04/15/07)  [...]</p>
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		<title>By: Jim W</title>
		<link>http://www.saysuncle.com/2007/04/14/poker_in_tennessee/comment-page-1/#comment-169256</link>
		<dc:creator>Jim W</dc:creator>
		<pubDate>Sun, 15 Apr 2007 16:27:00 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/04/14/poker_in_tennessee/#comment-169256</guid>
		<description>Enforcement of a criminal law has nothing to do with whether the conduct is illegal for the purpose of voiding contracts.</description>
		<content:encoded><![CDATA[<p>Enforcement of a criminal law has nothing to do with whether the conduct is illegal for the purpose of voiding contracts.</p>
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		<title>By: PawPaw</title>
		<link>http://www.saysuncle.com/2007/04/14/poker_in_tennessee/comment-page-1/#comment-169250</link>
		<dc:creator>PawPaw</dc:creator>
		<pubDate>Sun, 15 Apr 2007 13:24:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/04/14/poker_in_tennessee/#comment-169250</guid>
		<description>The way the law is written often has nothing to do with how it is enforced.  Cops have better things to do than go looking for friendly poker games.

The laws here in Louisiana were written like that, pre-casino, and they&#039;re even tougher now, because the casinos don&#039;t want competition.  The standing rule for law enforcement is if the house is taking a cut &quot;profit&quot;, then the game is regulated.  If the house isn&#039;t taking a cut, then the game is legal.  

So, under that simple rule, four guys sitting around playing poker is perfectly legal, whether they are in their house, or sitting in a bar-room somewhere.  However, if you have to &quot;buy-in&quot; to a game, where you pay $100 for $90 worth of chips, then the house is making a profit and the game is illegal.

I can take you to one bar here, where eight guys show up on Wednesday night to play poker, anyone is eligible to sit down, there is no buy-in, and the game is dealers choice.  No one cuts the pot, and it is perfectly legal.

I realize that doesn&#039;t help you much in Tennessee, but that is the way we deal with it.</description>
		<content:encoded><![CDATA[<p>The way the law is written often has nothing to do with how it is enforced.  Cops have better things to do than go looking for friendly poker games.</p>
<p>The laws here in Louisiana were written like that, pre-casino, and they&#8217;re even tougher now, because the casinos don&#8217;t want competition.  The standing rule for law enforcement is if the house is taking a cut &#8220;profit&#8221;, then the game is regulated.  If the house isn&#8217;t taking a cut, then the game is legal.  </p>
<p>So, under that simple rule, four guys sitting around playing poker is perfectly legal, whether they are in their house, or sitting in a bar-room somewhere.  However, if you have to &#8220;buy-in&#8221; to a game, where you pay $100 for $90 worth of chips, then the house is making a profit and the game is illegal.</p>
<p>I can take you to one bar here, where eight guys show up on Wednesday night to play poker, anyone is eligible to sit down, there is no buy-in, and the game is dealers choice.  No one cuts the pot, and it is perfectly legal.</p>
<p>I realize that doesn&#8217;t help you much in Tennessee, but that is the way we deal with it.</p>
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		<title>By: Jim W</title>
		<link>http://www.saysuncle.com/2007/04/14/poker_in_tennessee/comment-page-1/#comment-169246</link>
		<dc:creator>Jim W</dc:creator>
		<pubDate>Sun, 15 Apr 2007 06:23:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/04/14/poker_in_tennessee/#comment-169246</guid>
		<description>Actually, can anyone think of a contract in which one side is performing something which is &quot;contingent in any degree upon chance?&quot; Technically it should now be void for illegality in TN. 

How about an adjustable rate mortgate or a car loan?</description>
		<content:encoded><![CDATA[<p>Actually, can anyone think of a contract in which one side is performing something which is &#8220;contingent in any degree upon chance?&#8221; Technically it should now be void for illegality in TN. </p>
<p>How about an adjustable rate mortgate or a car loan?</p>
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		<title>By: Jim W</title>
		<link>http://www.saysuncle.com/2007/04/14/poker_in_tennessee/comment-page-1/#comment-169245</link>
		<dc:creator>Jim W</dc:creator>
		<pubDate>Sun, 15 Apr 2007 06:18:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/04/14/poker_in_tennessee/#comment-169245</guid>
		<description>According to that law, nearly any form of investment is illegal gambling because they &quot;to [some] degree contingent upon chance.&quot; Under common law, gambling has traditionally been held to be a moneymaking activity in which chance is a the predominant aspect of the game. This is relevant because contracts based upon gambling are void for illegality in many jurisdictions. 

For example, in the famous unilateral contract case, Cobaugh v. Klick-Lewis, Inc., hitting a hole in one involves a great deal of chance, but it was held to be a feat of skill that could be performed to satisfy a contract.</description>
		<content:encoded><![CDATA[<p>According to that law, nearly any form of investment is illegal gambling because they &#8220;to [some] degree contingent upon chance.&#8221; Under common law, gambling has traditionally been held to be a moneymaking activity in which chance is a the predominant aspect of the game. This is relevant because contracts based upon gambling are void for illegality in many jurisdictions. </p>
<p>For example, in the famous unilateral contract case, Cobaugh v. Klick-Lewis, Inc., hitting a hole in one involves a great deal of chance, but it was held to be a feat of skill that could be performed to satisfy a contract.</p>
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		<title>By: DrawingDead</title>
		<link>http://www.saysuncle.com/2007/04/14/poker_in_tennessee/comment-page-1/#comment-169240</link>
		<dc:creator>DrawingDead</dc:creator>
		<pubDate>Sun, 15 Apr 2007 04:28:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/04/14/poker_in_tennessee/#comment-169240</guid>
		<description>&lt;blockquote&gt;“Gambling is ….. means risking anything of value for a profit whose return is to any degree contingent on chance”.

What is a lottery, then?&lt;/blockquote&gt;

Yes.  I certainly agree with you.  However, the statute was amended (and I left out those portions because they don&#039;t deal with poker specifically) to implement the constitutional amendment allowing for the Tennessee Education Lottery.

Ultimately, the bottom line is not whether poker is a game of skill or chance (as I think it is quite simply both, to varying percentages), but whether poker or any other form of gambling should actually be illegal.  

Darts, pool, fishing, golf, etc. tournaments where you pay an entry fee and prizes are awarded from the entry pool certainly seem to be contingent on chance to at least some degree, but law enforcement doesn&#039;t seem to be cracking down on those things.

I liked the commenter&#039;s post in the previous thread about Bristol and NASCAR.  The recent FLW fishing tournament in town is also the same kind of thing.  

Ultimately, unless you&#039;re running an ongoing, for profit venture (backroom casino, cock fight, etc.), I don&#039;t think law enforcement has any real reason to try to crack down on your games.  

Anyway, you all are more than welcome to come check out my blog (thanks for the link), but I rarely update it these days.  If you want to find out what&#039;s going on in poker in Knoxville, you can check out my message board at &lt;a href=&quot;http://www.knoxpoker.com&quot; rel=&quot;nofollow&quot;&gt;http://www.knoxpoker.com&lt;/a&gt;</description>
		<content:encoded><![CDATA[<blockquote><p>“Gambling is ….. means risking anything of value for a profit whose return is to any degree contingent on chance”.</p>
<p>What is a lottery, then?</p></blockquote>
<p>Yes.  I certainly agree with you.  However, the statute was amended (and I left out those portions because they don&#8217;t deal with poker specifically) to implement the constitutional amendment allowing for the Tennessee Education Lottery.</p>
<p>Ultimately, the bottom line is not whether poker is a game of skill or chance (as I think it is quite simply both, to varying percentages), but whether poker or any other form of gambling should actually be illegal.  </p>
<p>Darts, pool, fishing, golf, etc. tournaments where you pay an entry fee and prizes are awarded from the entry pool certainly seem to be contingent on chance to at least some degree, but law enforcement doesn&#8217;t seem to be cracking down on those things.</p>
<p>I liked the commenter&#8217;s post in the previous thread about Bristol and NASCAR.  The recent FLW fishing tournament in town is also the same kind of thing.  </p>
<p>Ultimately, unless you&#8217;re running an ongoing, for profit venture (backroom casino, cock fight, etc.), I don&#8217;t think law enforcement has any real reason to try to crack down on your games.  </p>
<p>Anyway, you all are more than welcome to come check out my blog (thanks for the link), but I rarely update it these days.  If you want to find out what&#8217;s going on in poker in Knoxville, you can check out my message board at <a href="http://www.knoxpoker.com" rel="nofollow">http://www.knoxpoker.com</a></p>
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		<title>By: SayUncle</title>
		<link>http://www.saysuncle.com/2007/04/14/poker_in_tennessee/comment-page-1/#comment-169239</link>
		<dc:creator>SayUncle</dc:creator>
		<pubDate>Sun, 15 Apr 2007 03:36:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/04/14/poker_in_tennessee/#comment-169239</guid>
		<description>and that&#039;s not to discount numbers completely.  i play a straight numbers game in tournaments v. unknown players until I can get reads on people.

risk management is not the only skill.</description>
		<content:encoded><![CDATA[<p>and that&#8217;s not to discount numbers completely.  i play a straight numbers game in tournaments v. unknown players until I can get reads on people.</p>
<p>risk management is not the only skill.</p>
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		<title>By: SayUncle</title>
		<link>http://www.saysuncle.com/2007/04/14/poker_in_tennessee/comment-page-1/#comment-169238</link>
		<dc:creator>SayUncle</dc:creator>
		<pubDate>Sun, 15 Apr 2007 03:24:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/04/14/poker_in_tennessee/#comment-169238</guid>
		<description>&lt;blockquote&gt;Simply folding at a rate relative to the risk of failure will result in break even.&lt;/blockquote&gt;

No, you&#039;ll lose your blinds/antes.

Numbers also don&#039;t account for human behavior.  Example: i know a certain player who will (in every case) fold when he doesn&#039;t have top pair or better or raise/call when he does (he&#039;s predictable and plays ABC poker by the numbers).  I will bet into him every time because most of the time people don&#039;t have hands.  If he calls, I&#039;m out.   But I&#039;ve usually already stolen 4 previous pots from the guy.

&lt;blockquote&gt;The gamble is in the hand dealt&lt;/blockquote&gt;

Not against the guy mentioned above.  I&#039;ll play any two cards against him. And would only have to look at them if he calls.

There&#039;s obviously an element of chance to the game but, more consistently, good players win more than random people calling down all hands.  Reading the table/players is far more important than numbers.  Recall of past hands is key.  Numbers, while important to understand, are secondary. To wit, &lt;a href=&quot;http://www.saysuncle.com/archives/2007/03/09/i_got_hand_baby/&quot; rel=&quot;nofollow&quot;&gt;this hand&lt;/a&gt;

You&#039;re welcome to my game any time and I&#039;ll let you bring your calculator.</description>
		<content:encoded><![CDATA[<blockquote><p>Simply folding at a rate relative to the risk of failure will result in break even.</p></blockquote>
<p>No, you&#8217;ll lose your blinds/antes.</p>
<p>Numbers also don&#8217;t account for human behavior.  Example: i know a certain player who will (in every case) fold when he doesn&#8217;t have top pair or better or raise/call when he does (he&#8217;s predictable and plays ABC poker by the numbers).  I will bet into him every time because most of the time people don&#8217;t have hands.  If he calls, I&#8217;m out.   But I&#8217;ve usually already stolen 4 previous pots from the guy.</p>
<blockquote><p>The gamble is in the hand dealt</p></blockquote>
<p>Not against the guy mentioned above.  I&#8217;ll play any two cards against him. And would only have to look at them if he calls.</p>
<p>There&#8217;s obviously an element of chance to the game but, more consistently, good players win more than random people calling down all hands.  Reading the table/players is far more important than numbers.  Recall of past hands is key.  Numbers, while important to understand, are secondary. To wit, <a href="http://www.saysuncle.com/archives/2007/03/09/i_got_hand_baby/" rel="nofollow">this hand</a></p>
<p>You&#8217;re welcome to my game any time and I&#8217;ll let you bring your calculator.</p>
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		<title>By: Take a CHANCE</title>
		<link>http://www.saysuncle.com/2007/04/14/poker_in_tennessee/comment-page-1/#comment-169236</link>
		<dc:creator>Take a CHANCE</dc:creator>
		<pubDate>Sun, 15 Apr 2007 02:50:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/04/14/poker_in_tennessee/#comment-169236</guid>
		<description>Ah, but a toby is a beer mug.
&lt;code&gt;
Hand 	Frequency 	Probability 	Cumulative 	Odds
Straight flush 	40 	0.00154% 	0.00154% 	64,973 : 1
Four of a kind 	624 	0.0240% 	0.0256% 	4,164 : 1
Full house 	3,744 	0.144% 	0.170% 	693 : 1
Flush 	5,108 	0.197% 	0.367% 	508 : 1
Straight 	10,200 	0.392% 	0.76% 	254 : 1
Three of a kind 	54,912 	2.11% 	2.87% 	46.3 : 1
Two pair 	123,552 	4.75% 	7.62% 	20.0 : 1
One pair 	1,098,240 	42.3% 	49.9% 	1.37 : 1
No pair 	1,302,540 	50.1% 	100% 	0.995 : 1
Total 	2,598,960 	100% 	100% 	0 : 1
&lt;/code&gt;

Each odds row is an indication of the risk of playing for that hand. Folding when holding no pair is the optimum while playing when holding a straight flush is optimum. No skill is required if the odds are understood. Simply folding at a rate relative to the risk of failure will result in break even. 

You can&#039;t know what hand you WILL receive but you can react after you receive the hand dealt. The gamble is in the hand dealt, therefore poker is a game of chance no matter the skill required after the initial deal.</description>
		<content:encoded><![CDATA[<p>Ah, but a toby is a beer mug.<br />
<code><br />
Hand 	Frequency 	Probability 	Cumulative 	Odds<br />
Straight flush 	40 	0.00154% 	0.00154% 	64,973 : 1<br />
Four of a kind 	624 	0.0240% 	0.0256% 	4,164 : 1<br />
Full house 	3,744 	0.144% 	0.170% 	693 : 1<br />
Flush 	5,108 	0.197% 	0.367% 	508 : 1<br />
Straight 	10,200 	0.392% 	0.76% 	254 : 1<br />
Three of a kind 	54,912 	2.11% 	2.87% 	46.3 : 1<br />
Two pair 	123,552 	4.75% 	7.62% 	20.0 : 1<br />
One pair 	1,098,240 	42.3% 	49.9% 	1.37 : 1<br />
No pair 	1,302,540 	50.1% 	100% 	0.995 : 1<br />
Total 	2,598,960 	100% 	100% 	0 : 1<br />
</code></p>
<p>Each odds row is an indication of the risk of playing for that hand. Folding when holding no pair is the optimum while playing when holding a straight flush is optimum. No skill is required if the odds are understood. Simply folding at a rate relative to the risk of failure will result in break even. </p>
<p>You can&#8217;t know what hand you WILL receive but you can react after you receive the hand dealt. The gamble is in the hand dealt, therefore poker is a game of chance no matter the skill required after the initial deal.</p>
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		<title>By: SayUncle</title>
		<link>http://www.saysuncle.com/2007/04/14/poker_in_tennessee/comment-page-1/#comment-169235</link>
		<dc:creator>SayUncle</dc:creator>
		<pubDate>Sun, 15 Apr 2007 01:12:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/04/14/poker_in_tennessee/#comment-169235</guid>
		<description>A tax on hope?

A tax on people who can&#039;t do math?

A tax people actually willingly stand in line to pay?

That&#039;s what i&#039;ve heard.</description>
		<content:encoded><![CDATA[<p>A tax on hope?</p>
<p>A tax on people who can&#8217;t do math?</p>
<p>A tax people actually willingly stand in line to pay?</p>
<p>That&#8217;s what i&#8217;ve heard.</p>
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		<title>By: CarlS</title>
		<link>http://www.saysuncle.com/2007/04/14/poker_in_tennessee/comment-page-1/#comment-169234</link>
		<dc:creator>CarlS</dc:creator>
		<pubDate>Sun, 15 Apr 2007 01:09:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/04/14/poker_in_tennessee/#comment-169234</guid>
		<description>&quot;Gambling is ..... means risking anything of value for a profit whose return is to any degree contingent on chance&quot;.

What is a lottery, then?</description>
		<content:encoded><![CDATA[<p>&#8220;Gambling is &#8230;.. means risking anything of value for a profit whose return is to any degree contingent on chance&#8221;.</p>
<p>What is a lottery, then?</p>
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		<title>By: SayUncle</title>
		<link>http://www.saysuncle.com/2007/04/14/poker_in_tennessee/comment-page-1/#comment-169233</link>
		<dc:creator>SayUncle</dc:creator>
		<pubDate>Sun, 15 Apr 2007 00:42:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/04/14/poker_in_tennessee/#comment-169233</guid>
		<description>Not risk management, really.  More like playing the odds and your opponents based on their willingness to risk.

we could take a toby :)</description>
		<content:encoded><![CDATA[<p>Not risk management, really.  More like playing the odds and your opponents based on their willingness to risk.</p>
<p>we could take a toby <img src='http://www.saysuncle.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
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		<title>By: Take a CHANCE</title>
		<link>http://www.saysuncle.com/2007/04/14/poker_in_tennessee/comment-page-1/#comment-169232</link>
		<dc:creator>Take a CHANCE</dc:creator>
		<pubDate>Sat, 14 Apr 2007 23:57:21 +0000</pubDate>
		<guid isPermaLink="false">http://www.saysuncle.com/archives/2007/04/14/poker_in_tennessee/#comment-169232</guid>
		<description>Poker is always a game of chance because the draw of the cards is random. The only skill involved is risk management by the players.</description>
		<content:encoded><![CDATA[<p>Poker is always a game of chance because the draw of the cards is random. The only skill involved is risk management by the players.</p>
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