I think this is a very interesting question. I've tried to think of examples from other industries in which the software provider and the service provider are not the same entity. I havent been able to think of any very good ones, but my suspicion is that the software provider is not typically on the hook for the actions of entities that use the software. If, for example, XYZ corp makes banking software and FBN Bank absconds with your nest egg, XYZ corp might be sympathetic, but I doubt youd get much more than that from them. Of course, the parallel is inexact at best, at least in the US, since the government provides protection for most bank customers. If the software had some defect which permitted someone in the bank to bail out with your funds, perhaps you could sue the software provider (and Im sure that would happen, in the US).
Also, even though Microsoft products contain known security holes, I dont think its a high-percentage play to go after them for damages to your business occasioned by those holes. Read the EULA and weep, as it were.
I think an interesting approach would be to go completely in the other direction. Imagine three entities: casino, software provider, cashier. The cashier holds your funds (in escrow), but transfers them piecemeal to the casino when you gamble. Ideally, each bet is transferred as it is made with any winnings immediately transferred back. The casino has access to the funds only within the context of betting. At any time, you may request your funds back from the cashier, with the casino completely uninvolved. Heres how Id see the rights breaking down:
The casino may allege fraud only within the context of a game (He cheated). Such an allegation, made in good faith (yeah, thats a tricky one perhaps made with reasonable evidence) could cause the cashier to freeze the disputed funds pending resolution. The casino may decline any wager *before* it is made. Once its resolved, they have to transfer the results back to the cashier. The casino may bar any patron, or decline particular bets from particular patrons, but only before the bets are made. None of this rolling back winnings BS.
The cashier is responsible for ensuring that transactions into and out of the escrow accounts are not fraudulent. The cashier may allege CC fraud, identity theft, etc, and pursue normal legal redress for these (just like a bank, for example). The casino need not worry about chargebacks. The cashier must.
The software provider is responsible only for supplying software that provides fair games. By fair, I mean games that are not deceptive (though they may have terrible payoffs). For example, the VP must emulate a shuffled 52-card deck (for games without special cards), and cannot alter card draw probabilities. The games should all pass muster under some established terrestrial venue (I vote for Vegas).
Bonuses could be handled in several ways:
Casinos could provide non-cash casino chips. Such chips would convert to cash when the WR were met. Or such chips might never be transferable out of the casino. You can use them to bet, and the winnings are yours, but not the chips themselves.
Casinos could follow the
32Red model. Once youve wagered K times your deposit, the casino gives you some bonus in cash (so you get the bonus only after meeting the WR, but you get it free and clear).
Or casinos could find some other method of spiffing their customers using some method not open to the sorts of abuse that they now apparently try so hard to avoid. Given that the above scheme would no longer allow them to void winnings, theyd pretty much have to find something better, I think.
I think this scheme would provide a much more secure, predictable and reliable experience. You would be gambling at the casino, not on it. I think bonus hunting would become a thing of the past, but so would outright theft by casinos of patrons funds. There would be less opportunity for advantage play, but less opportunity for bending over, also.
Right, I don my peril-sensitive sunglasses. Flame on.
- Case