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But the court said DeMaggio “improperly focus(ed) on the player’s knowledge instead of the machine’s operation.” He sought “to define the game as what happens after the player presses the play button – i.e., the flashing lights and sounds – thereby ignoring the operation of the machine … the element of chance is inherent in it given that it has a preset win/loss ratio.” The court added that though “the user is advised of the outcome of the game at hand ahead of time through the preview feature, the user cannot predict that outcome until it is randomly generated and then displayed by the machine. Nor can the user predict the outcome of Game 2 while playing Game 1.” Jonathan Fanning, Gator Coin II’s third-generation owner, said he had not yet read the decision when reached Thursday and declined immediate comment. The case began when Department of Business and Professional Regulation (DBPR) agents found one of the games in a Jacksonville sports bar and told the proprietor the machine was an “illegal gambling device.” A lawsuit followed. After first deciding “pre-reveal” games aren’t slots, Circuit Judge John Cooper of Tallahassee reversed himself last year, saying he had “(gotten) it wrong the first time.” Cooper changed his mind after a hearing in which Barry Richard, a lawyer for the Seminole Tribe of Florida , told him the machines violate the Tribe’s exclusive right to offer slot machines outside of South Florida. “We’re very pleased with this decision,” Richard said Thursday. “It gives a clear definition of what a slot machine is, and we need that, because people keep trying to circumvent it.” The judge, however, had said his reversal was based on further evidence on how the pre-reveal, or “no chance,” games — as its software maker prefers to call them — actually play.
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