In the winter of 2008, Walter Watkins and Diane Dent were charged in a Pennsylvania court of running an illegal gambling operation. They were hosting poker games in the garage and were busted by an undercover cop.

Watkins and Dent conceded to everything the persecution has put forward. The games did take place, money did change hands, they did profit from the games in the form of tips. Instead, their defense lies in one critical point – is the game of poker a game of chance or skill?

The distinction is extremely important. If Texas Hold’em, the version of the poker game that took place, is a game of chance, then the defendants would indeed be guilty of a racketing crime.

If poker however, is a game of skill more than chance, the gambling element is non-existent. In that case, the players …