The use of third-party software in online poker has been the subject of debate ever since such things came into existence. Over the last couple years, many internet poker sites have begun banning third-party software in an effort to appeal more to recreational players, as they are rarely the types of players who use them. Now it seems that one poker pro may potentially be in legal trouble for his use of banned software on U.S. regulated site.
A player going by the screen name of “BTCBLADE,” reported to be successful online and live pro Tommy Chen, was outed as a heads-up display (HUD) user on Nevada’s WSOP.com in November. According to Nevada law, HUDs and other software aids are illegal. NRS 465.075, the applicable portion of the state’s gaming code lays out the rules:
It is unlawful for any person at a licensed gaming establishment to use, or possess with the intent to use, any device to assist:
In projecting the outcome of the game;
In keeping track of the cards played;
In analyzing the probability of the occurrence of an event relating to the game or;
In analyzing the strategy for playing or betting to be used in the game, except as permitted by the commission.
While originally intended to curb brick-and-mortar casino customers from using electronic devices to cheat (for example, an electronic card counter hidden in someone’s shoe), it also applies to online poker. HUDs obviously qualify as an unlawful device, based on the above definition.
Even if one might argue that a poker site doesn’t count as a “gaming establishment,” WSOP.com also made HUD’s against its rules. From the site’s Terms and Conditions:
7.3 Software Aids: The use of any automated tool which in the Company’s opinion is designed among other things to provide assistance in betting decisions, to exchange the opponents’ hand histories, to enable You to find a seat at a poker table, to automatically seat You at a poker table or which is used in any way in connection with Your use of the Services is strictly prohibited.
One of the odd aspects of this case is that Chen is a prolific Twitch streamer and broadcast his online play complete with visible HUD for everyone to see. Thus, one might be inclined to believe that he was simply ignorant of the law and WSOP.com rules and at least didn’t intentionally violate any rules. That thought could be countered, though, knowing that that the two most popular HUD software makers, PokerTracker and Hold’em Manager, don’t offer support for WSOP.com. Thus, Chen would have had to come up with a different solution and would have likely known that HUDs were against the rules.
In a discussion with poker pro Randy Dorfman over Twitter in November, WSOP.com Head of Online Poker Bill Rini said that Chen had been informed of his transgression and had simply been warned, a “punishment” that irritated Dorfman. According to Flushdraw.com, however, the matter was later escalated and is being investigated by the Nevada Gaming Commission. Chen’s videos have been taken down from Twitch and Flushdraw also suspects he may have been suspended from WSOP.com, as he has not played there since November 22nd.
The violation of NRS 465.075 could cost a player a fine of up to $10,000 and as much as six years behind bars, as it is a class B felony.
