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While the outcome of the first pre-reveal game is known in advance, a player at the outset does not know the results of subsequent games. The ruling Thursday, quoting a section of state law, said the determination of whether the games are illegal slot machines turns on whether the user may receive something of value by reason of any element of chance or any other outcome unpredictable by the user. The element of chance or unpredictability must be inherent in the machine itself. We hold that the trial court was correct in determining that Version 67 is a slot machine because the element of chance is inherent in it given that it has a preset win/loss ratio and that the game outcomes are determined by the machine by chance, via an RNG (random number generator), and there is nothing the user can do to affect the outcomes, said the ruling, written by appeals-court Judge Joseph Lewis and joined by judges James Wolf and Stephanie Ray. Furthermore, Version 67 is a slot machine for the additional and independent reason that also inherent in it is an outcome unpredictable by the user. While it is true that 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. The games have drawn attention in the gambling industry and in the Legislature, which this year debated a proposal to outlaw the machines. The legislative proposal did not pass.
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