FIRST PRINCIPLES
experience of Latin America. Poor understanding of betting games leads to logical, semantic, and syntactic problems. Hence, we must first define such notions.
i ii) Games may or may not imply competition. In many games, the fun lies in winning and to do so players must follow the rules of the game. In other cases, even if there are several players, the game does not create any competition between participants. iv) Games may or may not have an economic interest. The basic purpose of games is to entertain, however, in certain cases, an economic benefit is also pursued, and this occurs, for example, when there are bets. In summary, a game is a physical and mental activity that is voluntary and brings pleasure to players; can be performed individually or with other people; may or may not be subject to rules; may or may not involve competition; and may or may not contain an economic interest. What is a betting game? Given their social significance, some games are legally relevant. Their regulation is warranted when they have a public interest component. These games have four characteristics: they are multiplayer, rules-based, competitive, and with economic interest (implying betting). They can be grouped under one name: Betting games.
What is a game? All games have three basic elements: physical and mental activity; voluntary involvement; and players feeling pleasure. As physical activities, they entail - to a greater or lesser extent - body movements. As mental activities, they stimulate brain functions. Certain games, like chess, require more brain activity than physical movement, whereas others, like “jumping rope”, require the opposite. Games require voluntary involvement because players make a conscious decision to participate. Each person decides freely without the interference of a third party. Each person’s freedom to act is exercised in two areas: deciding whether or not to play, and deciding what game to play. A game is a pleasurable activity. This is the subjective element of the game and is evidenced in the enjoyment felt by players. Not all people find the same things pleasurable, but the common factor among games is that they entertain. Games are associated with fun, which is why they are considered a normal way of exercising people’s right to leisure. But they are also a manifestation of the right to free development of the personality because each person can choose the game that will develop, within their daily life, their life project. Conversely, there are characteristics that are not present in every game; therefore, the need to establish classifications and categories. i) Games may involve one player or several players. Indeed, some games can be played solely by one person, while others need at least two players. ii) Games may or may not be regulated. In some cases, especially games involving minors, they are spontaneous and without regulations. At the same time, there are complex rules-based games, and one must follow these rules in order to meet the objective foreseen for such activity.
Taking these characteristics in turn:
i) Multiplayer games: For a game to be legally relevant it has to involve more than one person. It must be a social game. Games played by only one person are not relevant to the world of law since they do not have consequences on others. The “multiplayer games” category includes games played by one person but having an effect on more than one person. Slot machines are an example. In this case, the player’s “opponent” is the owner of the slot parlor. Therefore, any game offered to the public, even if it can only be played by one person, qualifies as a multiplayer game. ii) Rules-based games: In general, games may or may not have rules. We have already mentioned that there are ruleless games. Rules are directions that must be followed to play a game. If there are no rules, there is no way to create binding effects for the participants, for
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IMGL MAGAZINE | APRIL 2023
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