Delimitation of games of chance
The influence of chance can be very different in games. In the so-called pure games of chance, such as. B. Roulette, Craps or Sic Bo, the result depends solely on chance. The influence of chance is less clearly quantifiable in games in which the participants can also have a decisive influence on the outcome of the game, such as backgammon and blackjack. In terms of quality, however, the influence of chance decreases according to the law of large numbers for long game sequences.
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In the legal assessment of whether there is a game of chance, other factors must be taken into account, particularly regarding the value of the stake and possible winnings. In addition, at tournament events such. In a poker tournament, for example, the entire tournament rules including the procedure used for the final evaluation are decisive, as they are legally defined in the game contract or mathematically and formally in the game theory modeling. These specifications also include information about the number of players and the amount of information that a player has at the time of a match Game decisions are accessible, e.g. B. in the form of cards known to him in card games .
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Games, the legal classification of which was under discussion, were all zero-sum games in the sense of game theory (and not, for example, cooperative games ), i.e. H. the sum of the (positive) winnings of players is always equal to the sum of the losses of the other players. This includes the case of a single player playing against a machine or against a banker who operates according to a fixed pattern (like blackjack). For this purpose, the organizer must be rated as a second player, who, however, has no skill to spend on his winnings, which the German case law regards as a reduction in the relative influence of skill.
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In the game-theoretic classification of board games , games of chance constitute one of three classes pure games , from playful vision through the causes of the unpredictability of the gameplay are characterized and the following criteria.