Daily Fantasy Game Errors in Legal Article

An article in Gaming Law Review and Economics tries to describe the future of the daily fantasy format as an "unsure bet."  The title of the article also tries to portray daily fantasy games as exchange wagering.  This article by and large is weak and a poor attempt to challenge the legality of the daily fantasy game format.  The article is biased and references are "stretched and tortured" in order to fit the article's bias.

I'll discuss just a few of the errors.  The first is that the UIGEA created or enabled the daily game format.  The evidence used was that the UIGEA was passed, then the daily format appeared after.  The daily game format could have easily been fielded before the UIGEA and the UIGEA doesn't impact the daily game format.  If the length of time the multiple games that constitute the basis of a fantasy sports game could entail an entire season, post-season or in the daily game format, either a day's games or week's worth of games.  In all of these cases, multiple games are used as a statistical foundation for the fantasy games and it can be argued that the UIGEA took its cues from the reality of how fantasy sports games were played to create their definition and contouring of the safe harbor.

Another error is the so called admission by a fantasy sports operator that by not offering their games in certain states that is an admission of the uncertain legality of the daily fantasy sports format.  Baloney.  There are certain states in the US where there really isn't enough of a distinction between skill games, sweepstakes and gambling such that even the season-long fantasy sports operators avoid offering games in those jurisdictions.  If those states' laws are very strict as to what they define as gambling, no rational fantasy sports operator, daily or season-long, operates there.  To use that as an admission of the uncertainty of the legality of the daily game format is more than a stretch, it is basically dishonest and again shows the bias of the authors.

The last issue I'll discuss is the authors' "fantasy" about the daily games using mark to market accounting.  The daily games operate like the season-long games.  You select some players that have a fictional "salary" constraint such that you craft the fantasy team of players where the total "salary" fits within the constraint.  The actual games are played and the statistics generated by the players the fantasy sports contestant chose are converted to a single numerical metric or score, with the contestant whose team has the highest score wins.  To call that mark to market accounting in order to try and make a case that daily fantasy games are radically different from season-long games in dimensions other than just the timeframe is just wrong.

There is a saying that everyone is entitled to their own opinion but not entitled to their own facts.

For those interested, the article can be found here.