The customer loss/operator gain is not significant
You cannot look at a game 10 years after it has been introduced and after millions and millions of plays
Pick one, Mr. Brear.
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The customer loss/operator gain is not significant
You cannot look at a game 10 years after it has been introduced and after millions and millions of plays
Unfortunately I believe I did more damage than good. While I started with the best of intention, towards the end of that conversation I allowed my own temper to colour the discourse, something that I'm justifiably ashamed of.
We have also had the self-righteous comments from the self-appointed ‘legal/compliance experts’ on the future of regulation, and what other regulators would have done etc etc. The first thread made clear that the game existed on Gibraltar, Alderney and Malta operators’ sites, I understand it also existed on others. So, it has been passed by all the primary European online jurisdictions, as not adaptive, not in breach of ‘simulation’ requirements and being fair. Is there a message there? As for the UKGC’s comments, the full correspondence has never been disclosed, but by any measure of regulators’ behaviour they appear to have acted partially and with undue, ill-considered haste in this matter, quickly and incorrectly treading in other jurisdictions’ affairs, effectively endorsing the findings of a non-authorised, non-approved ‘testing person’ instead of raising their own queries; so they too are now aligned with the cheating side of this argument.
It appears we are never going to agree on this issue, but let me have one last attempt, on your terms and through your method, to explain why we are so far apart on our views.
As occurred in the first thread, most of the comments made in the second thread remain unfounded, inaccurate and are at times malicious/self-serving. It is clear that many people comment on our conclusions without even reading the thread, let alone what I have written, and now make personal attacks and agree with assertions made by other people who have also not read what has been written nor examined the regulatory position. Perhaps Bryan can throw some light on this practice by producing the stats which show how many people who have made comments have visited and read every page of BOTH threads? This practice of ‘conclude before you even check’ now extends to a ludicrous ‘petition’ which further distorts the circumstances of this event, despite the initiator having a personal dialogue with me, and leads to what, a loss of confidence in the remote gambling industry amongst the people who have been misled into signing it?
‘Conclude before you even check’ also extends to quoting the GRA’s rules to the GRA. Well, not quite. If you take the trouble to visit our website and read our rules, you will see that the GRA is not the Gibraltar gambling regulator. The GRA has had nothing to do with us for nearly three years. So all those who tell us what our rules say appear to have not even looked at them, as they make explicit that the Gibraltar Gambling Commissioner is the Gibraltar regulator, and publishes the rules, known as RTOS (Remote Technical and Operating Standards), and how they are to be applied in such circumstances.
7.1 Game fairness
(1) Licence holders should make information available to customers on their website(s)
about their testing and quality assurance arrangements in place to assure fairness
and randomness in their gaming products, including information about
testing/certification by an ATF where applicable and where this can be accessed.
(2) Licence holders should ensure appropriate systems and resources are deployed to
prevent or detect attempts to cheat by customers or other parties. Such measures
should be applied on a risk sensitive basis, with analytic programs (e.g. algorithms,
exception reports, cluster analysis) deployed to identify long term or systemic
cheating as well as short/medium term sporadic efforts.
(3) Games should be implemented and operate fairly and strictly in accordance with the
published rules and prevailing RTP where applicable.
(4) Games designed to give the customer only the perception that speed or skill
influences the outcome of a game (e.g. „steering‟ or „aiming‟) should make this
apparent in the game description.
(5) A licence holder should not implement game designs or features that may
reasonably be expected to mislead the customer about the likelihood of particular
results occurring. This includes, but is not limited to the following:
(a) Where a game simulates a physical device the theoretical probabilities and visual
representation of the device should correspond to the features and actions of the
physical device (e.g. roulette wheel).
(b) Where multiple physical devices are simulated the probabilities of each outcome
should be independent of the other simulated devices (e.g. dice games).
(c) Where the game simulates physical devices that have no memory of previous
events, the behaviour of the simulations should reflect the behaviour of the
physical devices (e.g. roulette wheel, cards, dice games).
(d) Games should not falsely display near-miss results, that is, the event may not
substitute one random losing outcome with a different losing outcome......
.....
‘Play for Free’ Games
(1) Play for free games for no prize are not gambling but should accurately reflect any
„real-money‟ version of the game, and should not be used to encourage those under
18 to use licensed gambling facilities.
(2) In particular, such games should not be designed to mislead the player about the
chances for success by, for example, using mappings that produce different
outcomes than the cash game. Licence holders should be able to demonstrate this
equivalence to the Gambling Commissioner upon request.
Can I take you seriously if you don’t read your own threads, don’t read what I have written, don’t know who we are, or read what our rules are, but you agree with the supercilious, aggrandised egomaniacs who splash their opinions on the thread as if they had access to the relevant data, coupled with infallible judgement and had done their own homework?
So what do our rules say? They do say games should not be ‘adaptive’ ie , “the probability of any particular outcome occurring should be the same every time the game is played, except as provided for in the (fair) rules of the game.” So the games were not adaptive as we or any other regulator defines that term. As the outcome of every call was entirely random, albeit weighted against the player, the game is not adaptive. Note that the game was approved for use in all the European jurisdictions which licence online slot play.
Then we have the assertions about the game representing a device. Well, where is that rule? Indeed, where is that card game that uses 12 of 13 cards in this way and with these bets? The claim that it breaks an imaginary US or European rule is a complete nonsense. Read RTOS, you will not find the so-called rule you are told the game breaches; not in our rules or any other remote gambling rules (I am familiar with most of them). You might think such a rule exists, and it does for certain specified circumstances, but not for these circumstances. Read our RTOS section 7.1(5). What you will see is: “A licence holder should not implement game designs or features that may reasonably be expected to mislead the customer about the likelihood of particular results occurring. This includes, but is not limited to the following:………”
(5) A licence holder should not implement game designs or features that may
reasonably be expected to mislead the customer about the likelihood of particular
results occurring. This includes, but is not limited to the following:
(a) Where a game simulates a physical device the theoretical probabilities and visual
representation of the device should correspond to the features and actions of the
physical device (e.g. roulette wheel).
(b) Where multiple physical devices are simulated the probabilities of each outcome
should be independent of the other simulated devices (e.g. dice games).
(c) Where the game simulates physical devices that have no memory of previous
events, the behaviour of the simulations should reflect the behaviour of the
physical devices (e.g. roulette wheel, cards, dice games).
It is my office which has to decide if what occurred amounted to an operator breaching that rule. The answer is no, because the evidence, precedent, and a common sense interpretation say no. The examples which we go on to use refer to ‘simulates physical devices’. HiLo/Reel Deal does not simulate a physical device, it is a bespoke slot game. Even if this rule did apply, which it does not, we still have to apply a ‘reasonableness test’ in terms of how or why the rule was breached. You cannot look at a game 10 years after it has been introduced and after millions and millions of plays without any challenge, which has been accepted in numerous jurisdictions, and then say – that game is misleading everyone, because it obviously isn’t. What happened was the introduction of a paytable error, not the creation of an unfair game. We have taken sufficient and proportionate action with regard to that error, consistent with the likely actions of any other regulator presented with a similar error.
This conclusion also impacts on the calls for reimbursement. Reimburse who, back to when, what for? Are you seriously saying the operator should reimburse people who happily played the game, winning and losing, but who eventually lost, who got exactly what they came looking for, because there was an (unseen) error in the Help File? Are you saying the operator should discard his T&C’s that make provision for such unintended minor errors? Maybe there are other T&C’s that should be discarded when it suits the customer, like using your true identities and not using bots, leaving the operator with no protection whatsoever from the scammers out there and the occasional bugs which may work for or against the house, or, as in this case, make no difference whatsoever to the official and tested/approved RTP. If there are any genuine cases out there, let them come forward, I am sure they will get a sympathetic hearing. We have not published the numbers or the dates involved because we know that would be, pretty stupid, but your logic runs something like – “Your game had a minor and irrelevant error I didn’t know about, ignore that and what it says in the T&C’s I have agreed to, give me my money back.” It is a hard but undeniable truth, that the only evidence of anyone being misled by the paytable error is katie91.
I have been heavily criticised in the second thread for addressing katie91’s behaviour. Esteemed commentators suggest ‘her’ behaviour is not relevant (and that the error was deliberate). Read katie91’s opening statement. ‘She’ is the one who treats you with contempt, sets out to mislead you, who abuses your trust and lies to you, about who she is, what she has done, why she has done it, who with, what she expects, how you can help her, and more besides. For page after page, until we intervene, her lies that the game was ‘rigged’ are the basis of what we now say was a disproportionate and unfounded attack on the integrity of the games and the games provider, amplified by people who should have known better.
According to her CM log she has made 14 postings, so who is treating who with disdain here, after two weeks and over 200 entries on ‘she’ was still posting and leading you all on as to what had occurred, as well as lying in emails to the operator. You say this is not relevant?
The game was not ‘rigged’, ‘gaffed’ or any other acronym for ‘fixed’, nor was it even ‘advertised’ as having 100% RTP as she and many of you have claimed. It was not ‘advertised’ at all beyond the link in the contents page. By who’s stretch of who’s imagination is a paytable in the Help File an advertisement? No advertising authority or gambling regulatory authority defines advertising to include the esoteric contents of a Help File, which we all know virtually no-one ever reads. Advertising is ‘in your face’, like the very small number of 100% RTP PFR games which are ‘advertised’ and promoted as such by very few operators, and which require perfect strategy to stay even and do not include slot games so far as I recall. An error in a Help File is an error in a Help File, it is not ‘an advertisement’.
3.4 Game rules and information
(3) For each game, the licence holder‟s game rules and information should be readily
accessible and identifiable in a clear and intelligible manner by way of a conspicuous
link to the game rules on the home pages for gaming products, game selection
screens/menus, and within individual games.
(4) The game rules should not be unfair or misleading.
(5) The availability of game rules and information should be checked regularly; if the
information is not available the game should not be made available for gambling.
(6) The published game rules and information should be sufficient to explain to
customers all of the applicable rules and how to participate. As applicable, game
information should include the following:
a) the name of the game;
b) the applicable rules, including clear descriptions of what constitutes a winning
outcome;
c) any restrictions on play or betting, such as any play duration limits, maximum win
values, bet limits, etc;
d) the number of decks or frequency of shuffles in a virtual card game;
e) whether there are contributions to jackpots (“progressives”) and the way in which
the jackpot operates, for example, whether the jackpot is won by achieving a
particular outcome;
f) instructions on how to interact with the game; and
g) any rules pertaining to metamorphosis of games, for example, the number and
type of tokens that need to be collected in order to qualify for a feature or bonus
round and the rules and behaviour of the bonus round where they differ from the
main game.
h) Information about the likelihood of winning:
i) a description of the way the game works and the way in which winners are
determined and prizes allocated;
A number of CM users put katie91 and her so called evidence on a pedestal, built their arguments around her claims without checking them out properly, wanting to believe what she had written, and now they find it impossible to admit they were had over by a con-man and got this whole episode wrong. Even Bryan seems to be in that category. This closed mind-set by people who should know better is very disappointing. It looks as if the ‘top rated’ casino commentary site cannot accept what well established rules say, and how they are applied by all regulators. Nor can it bring itself to say that what actually lit the fire was outrageous. If katie91 had started the thread with,
‘Hey I am a bot designer using false online identities and for the last 6 weeks I have been trying to cheat a game, but I have goofed and I now realise there is an error on the paytable, but by the time I worked this out my bot had turned over nearly £400k and lost me over £12k, will you help me get my money back by saying the company are cheats?’
Would she have got the same reaction? Is this accurate description of events not a bit more relevant that the 14 entries ‘she’ made to con you all? We are where we are because ‘she’ lied to you, end to end, and because I have taken the trouble to correct that situation, whereas other weighed in behind her without asking obvious questions.
We have also had the self-righteous comments from the self-appointed ‘legal/compliance experts’ on the future of regulation, and what other regulators would have done etc etc. The first thread made clear that the game existed on Gibraltar, Alderney and Malta operators’ sites, I understand it also existed on others. So, it has been passed by all the primary European online jurisdictions, as not adaptive, not in breach of ‘simulation’ requirements and being fair. Is there a message there? As for the UKGC’s comments, the full correspondence has never been disclosed, but by any measure of regulators’ behaviour they appear to have acted partially and with undue, ill-considered haste in this matter, quickly and incorrectly treading in other jurisdictions’ affairs, effectively endorsing the findings of a non-authorised, non-approved ‘testing person’ instead of raising their own queries; so they too are now aligned with the cheating side of this argument.
Did no-one else find it a little strange that an organisation that took 6 months to deal with the FOBT case (and provided virtually no information about it) and has zero profile in matters such as these, takes only 3 days to weigh in on this one, providing some considerable but irrelevant detail, promoting its own cause, despite the game meeting published UK standards (except for the error). It was approved by one of their own approved testing houses, albeit not on behalf of a UK remote gaming licence holder. This was a pretty lamentable episode, and if anyone wants to explore the benefits of the proposed UK legislation, I suggest you research that issue properly before you make any further comments on how it will improve consumer protection.
Finally, I understand we have been down-graded by CM as a jurisdiction. I am not sure who else is in the same category as we now are, but I suggest you take a reality check on this. If the criteria for grading include ‘do we always agree?’, then fine, because we won’t, but if it is ‘who provides the best and most secure products, and who deals with consumer complaints properly and thoroughly’, then no-one comes near to us, and you should know that.
So, just as the dust is settling on the thread, here I am stirring it up again, because you were wrong in how you reacted to the OP, you were wrong in your analysis and you are wrong in your attitude to this matter. You should not support cheats, they are cheating honest operators and honest players; but bugs and errors do occur, and we deal with them. Stop splitting hairs and looking for ghosts in cupboards, and next time, look at little closer at what is being claimed, check the facts, and do your own homework, before doing mine.
well put Richas :notworthy, but I fear you may be better of talking to your back garden wall.
This may have been a niche game, but it shows that the GRA feel that it is acceptable to run "keno logic" behind every game, including those that could NEVER operate that way if they lived in the real world as physical devices. It doesn't seem to have been "adaptive", but it was certainly a weighted card deck, which in the real world would be achieved by removing cards or substituting duplicates, both of which would be highly illegal in a land based casino.
As for the losses being "insignificant", they are actually 0.04 x the total wagered over all those years of operation. Their argument that the only inconvenience was a reduction in the time it took to lose the deposit is the same as claiming that a cinema that advertised 100% of a film but only showed 96% of it should not compensate customers because they only lost an insignificant amount of the total entertainment time.
Jufo makes sense.
Sounds adaptive to me.
Anyone have an alternative explanation?
This all beggars belief.
In particular, Player losses were insignificant.
Ok, how much were they?
What a scandal. Online gaming is a scam. If you trust these jokers with your cash, you are an idiot, plain and simple.
And Mr Brear, you should be ashamed. What an amateur.
As PB has decided that he has made his "final" statement is there any prospect of a comment from BetFred, any other affected site and/or Finsoft?
I hope they can do a bit better.
I doubt it. I asked the Betfred rep some pages ago if he would be honouring his comment that once the GRA had concluded, then Betfred would reimburse. Seems that now the GRA have said they dont have to, they are taking the financial high ground and not bothering. I hope i am wrong, but doubt it.
Sorry, but I disagree with this; it's not "adaptive", just different (fixed) odds on each outcome of a single game round.No, the game was adaptive. The result was based on what the player bet on. If he bet on red then a black card would be more likely to appear. If he bet on black then a red card would be more likely to appear. This is the very definition of an adaptive game. It wasn't simply a weighted card deck but a rather card deck whose contents changed dynamically depending on where the player had bet on. Mr.Brear's statement that the game was not adaptive is false.
Sorry, but I disagree with this; it's not "adaptive", just different (fixed) odds on each outcome of a single game round.
An Adaptive game is one which monitors how good (or bad) a player is doing and them makes an adjustment to the odds of further rounds to ensure the RTP meets the operator's wishes.
I will probably get even more stick for this, but I actually can't see very much wrong with My Brear's latest statement and I urge everyone to go back and read it again very slowly and carefully.
The only issue I have with this whole fiasco is how exactly the game was presented in the casinos. Having never even seen it for myself, let alone played it, I have no idea how it was categorised; If it was listed among other true card games, then the GRA is definitely in the wrong. But if it was clearly categorised as a "slot" or "arcade game", then they do have a point. In this case the rules and paytable are VERY important, but again I have not seen those for myself, so it's impossible for me to make a conclusive judgement.
KK
@ Richas and KasinoKing:
If the outcome of the game (red or black) was based on which color the player chose, surely the game must be adaptive.
Not as I term adaptive. Basically there is one table of odds, whatever you pick you get 96% RTP. adaptive is where the players outcomes are checked and the odds adjusted on their next bet. If you have a good run you get worse odds than 96%. Adaptive is a lot worse for game play than just having a fixed house edge.
I don't think its fair to pick on an episode like this and conclude that online gaming is a scam. Admittedly the disaster-zone that the GRA have turned out to be doesn't taint the whole barrel, but it does, as already noted, give huge amounts of ammunition to governments who are determined to tax and regulate online gaming at the point of consumption.
PB appears to have aimed a gun at his own jurisdiction's head and pulled the trigger with extreme prejudice.

Forgive my editing my post, those incidents seemed off topic so I removed them. Thanks for understanding.Oh never mind.
Phill Brear clearly had pressure on him from the other side. That is something he has not mentioned at all in his replies. When Brear used his extraordinary hyperbole, was he looking in the rear view mirror?
I ask that Brear address the question of whether he was threatened by legal action from a casino, a software supplier, or anyone else in the chain whose livelihood depended on his report and conclusions. A conflict of interests is apparent.
Mr. Brear, did Spielo threaten a lawsuit?
No matter which way Brear ruled, he and the GRA were likely going to be a victim. Brear had to choose his poison.
But why would Spielo (or anyone from the "other side") sue the GRA? The GRA isn't responsible for the games?

@ Richas and KasinoKing:
If the outcome of the game (red or black) was based on which color the player chose, surely the game must be adaptive.
Phill Brear clearly had pressure on him from the other side. That is something he has not mentioned at all in his replies. When Brear used his extraordinary hyperbole, was he looking in the rear view mirror?
I ask that Brear address the question of whether he was threatened by legal action from a casino, a software supplier, or anyone else in the chain whose livelihood depended on his report and conclusions. A conflict of interests is apparent.
Mr. Brear, did Spielo threaten a lawsuit?
No matter which way Brear ruled, he and the GRA were likely going to be a victim. Brear had to choose his poison.
The threat is caused by sites being able to choose their jurisdiction. They can choose where they want to be so the regulators compete to attract sites not protect players.
That is why the Gambling (Licencing and Advertising) Bill is a breakthrough change, a step change in regulatory power as any site operating to the UK consumer will need to comply with what the UKGC impose, if the sites don't like it their choice is to leave the market not to get a licence elsewhere from a more compliant site freindly regulator.
Phill Brear said:If you wish to make all of our correspondence public, then by all means do so, the confidentiality statement refers to mis-addressed or mis-directed emails, not correspondence of this nature.
Phill Brear said:You called this one completely wrong, a short term maintenance error is not a ‘rigged’ game, we took the time to investigate the matter thoroughly and properly, you should have done the same.
Phill Brear said:I have no wish to have a public slanging match on your role in this matter and your defective logic so I suggest you make a diplomatic and tactical retreat.
I suggest you make a diplomatic and tactical retreat.
Phill Brear sent me a personal e-mail addressing my most recent post in this thread. He gave me permission to reprint his e-mail saying:
In my post above, I asked Phill Brear about legal action against him directly or the GRA. His response to me contained the following threat:
I also have no wish for a public slanging match and will suspend contributing to this thread and topic. The thing about banging your head against a wall is that it feels so good when you finally stop.
... or operate without the authority of the UKGC and just accept that they will not be able to advertise in any media governed by UK regulations. It is unlikely that the Virtual group will take the slightest bit of notice of this, and will continue to attract UK players among others via the usual channels, websites and spam.
What I WOULD expect is the big software providers like Microgaming and Playtech to shut down the UK market for any operator trying to run without the correct license. This could lead to the problems that Spanish players faced being suffered by UK players, namely the zero notice overnight locking of their accounts by the software provider, not the operator.

Brear's e-mail to me contained the following threat:
Quote Originally Posted by Phill Brear
I have no wish to have a public slanging match on your role in this matter and your defective logic so I suggest you make a diplomatic and tactical retreat.
I have no wish for a public slanging match with Brear and will suspend contributing to this thread and topic. In truth, there is nothing more to add.
It would have been nice if you had not quoted me on the GRA's statement. These were not my comments but the commissioner's. This may seem confusing to anyone new coming into this thread.Well not without the GRA actually doing its job, agreement would seem unlikely without this. The reason we are upset is your failure to act to protect consumers..
Phill Brear sent me a personal e-mail addressing my most recent post in this thread. He gave me permission to reprint his e-mail saying:
Brear succinctly summarized the incident in his letter to me, saying:
Brear's e-mail to me contained the following threat:
I have no wish for a public slanging match with Brear and will suspend contributing to this thread and topic. In truth, there is nothing more to add.
The thing about banging your head against a wall is that it feels so good when you finally stop.
As it's a long thread and I have skimmed most of it on and off over a few months, is this a fair summation of how things stand?
1. Brear does not think the deceptive paytables are a major issue, despite claiming that there were "millions and millions" of play rounds.
2. Spielo, Finsoft, Betfred, NordicBet, Stan James and others that either produce, rigged, or hosted these games won't be repaying anyone anything.
3. Brear and said operators continue to conspicuously ignore the evidence that some of these games were rigged in players' favour in free play mode with a RTP greater than 100% for several years, irrespective of whether the games had a deceptive paytable or help file in real money mode.
4. We can expect the cost of "mistakes" made by operators and/or software developers licensed in Gibraltar to be carried by players, not the people and companies making the mistakes.
5. Brear lacks some of the basic knowledge necessary for a person of his position, has the same flair for PR as a cow turd, and his organisation is nothing more than a paper tiger.

I would say a fair synopsis, especially #5.
I must take issue with the 'cow turd' reference. As you may know, cows pass 'pats' which are runny and later go crusty. A 'turd' however has at least some form and shape to it, unlike Mr. Brear's outpourings.![]()
