Originally Posted by
Bill Dozer
5Dimes made obvious mistakes. 1) 5D had a game with a 12% return and 2) didn't catch it for an extended period of time. These mistakes are part of the circumstances that make up the position of the house and player.
Assuming the player is no longer arguing that he did not use a bot (which he can communicate different at any time), the question is what is the fair conclusion? Our initial reaction based on the typical bot scenario is the bot rule is not a catch-all since the player still puts his funds at risk against a house edge and that rule can't be used to catch a player only when they win. That was not the case here.
1) The player's funds were never at risk. Betting high volume only up to 25 cents at +112 means he could only win after a short time of clicking. The player was essentially getting an hourly paycheck. For every hour 5D had 12% return, he'd be gainfully employed. Had he taken advantage of this without needing to get more money than he could generate himself with bathroom breaks and sleep, he may still be playing right now and he would be taking a payout, albeit a smaller one.
2) Although 5D let him play over a long time, he did receive a payout from his bot venture. He is in the plus column.
The bot rule alone is not fair. For example, if the bot actually wagered for the player $100 on a 99% payout game, the book has a shot at the player's funds when he has no chance at the casino's. In this case, the bot rule is fair and applicable. The player had a chance at the house funds, while his were never at risk.