Quote:
3. It's easier to seek forgiveness than to seek permission.
As a small business?
No way. This is a great way to end up very solidly screwed, and Lord help you if you're not incorporated because they will come after
you, not your game.
Quote:
I also looked at some articles regarding in-game casino operators inside Second Life. The upshot there was the same. The courts and the Justice Department don't seem to even be able to provide Linden Labs with guidance on what does and does not constitute online gambling. So people are running huge casinos inside SL and no one's going after them (yet). And I'm pretty sure that they'll go after Linden Labs LONG before they come after me for doing something that isn't even close to what's going on inside SL.
SL banned casinos quite some time ago; I believe they did so last year. If you're going to think you're smarter than the lawyers paid to work on this stuff...I suggest you at least be up-to-date. Remember that the Justice Department is only part of the situation: you need to take into account the possibility that you will be sued.
Quote:
http://www.playwinningpoker.com/online/poker/legal/uigea/
Mind you, IANAL, but I've had this same discussion myself a couple of times. Even a fully deterministic system, like yours, could be ruled to be gambling if your own actions are affected significantly by the independent actions of others. (
Should that be the case? No, but it's always possible-to-plausible, and it's safest to assume that you
will be sued and plan for that contingency instead of hoping they won't and having no safety net.)
Quote:
While going through all this research and doing a search for a good e-commerce attorney in my area and so forth, something suddenly occurred to me. Why am I worried about being sued? I don't even own a BED. What are they going to take, my last two packages of Ramen noodles?
They can take money you don't even have yet. In some/many jurisdictions, they can garnish any wages you make from here to God-knows-when. And demolish your credit rating. And probably do a number to your reputation (and when running a business--which you
are--your reputation is
everything).
Quote:
So while seeking legal advice is a good idea if you can afford it, I've decided to put that off until such time (if ever) that the revenues from the game warrant it. If the game never gets off the ground, then I won't have wasted my money on a bunch of legal fees for nothing. If it does get off the ground, then I'll have the money to spend on legal fees and a confirmed good reason for spending it.
This is pretty shortsighted, especially when running as a sole proprietorship/working under DBA. You might get lucky, but I would think it to be a pretty chancy risk to take.
Mona can probably elaborate and correct me if I'm wrong, but this flies in the face of everything I've ever learned about running a business. If you're
going to do this, you should seriously incorporate. At that point you also may (I stress
may) be able to come up with a source of business financing.