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– In the wake of a consequential ruling by the US Court of Appeals for the Ninth Circuit against Kalshi, two operators are taking separate paths in an effort to overturn the decision. On 28 August, the Ninth Circuit ruled in a 3-0 decision that sports event contracts do not qualify as federally regulated swaps under the Commodity Exchange Act. Earlier this week, Kalshi filed for an en banc re-hearing with the Ninth Circuit, this time before an 11-judge review. Robinhood, meanwhile, filed a petition of certiorari with the Supreme Court in a move to effectively bypass the Ninth Circuit. It is widely believed that a circuit split between the Ninth Circuit and a separate decision by the Third Circuit will prompt the Supreme Court to take up the case.

– Real App, a social sports app built around live play-by-play, named FanDuel as its first prediction market partner. The partnership brings FanDuel’s odds and contextual markets directly into the app’s live sports experience. Fanatics Sports & Casino is adding some upgrades to its Fair Play offering. Among the changes, Fanatics has added first-half injury protection for player props. The option proved to be valuable for fans in Wednesday’s opener when Seattle Seahawks quarterback Sam Darnold left the game after the team’s fifth offensive play.

– According to the American Gaming Association, an estimated $40 billion will be wagered on the NFL via prediction markets this year. Last week, on the first full day of the 2026 college football season, Kalshi reported nearly $250 million in trading activity on college football.

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Despite the increase in remote GGY, new account registrations fell 3% to 32.4 million. There were 25.7 million active accounts at the end of the final reporting quarter.

Funds held in customer accounts also declined sharply. Operators held £886.6 million ($1.19 billion), down 13.9% from the same point a year earlier.

Retail betting diverged significantly from the wider market, with non-remote betting GGY falling 3.3% to £2.4 billion ($3.2 billion). The number of betting shops dropped for a 12th consecutive reporting period to 5,617 premises—a 3.6% annual decline (down 208 shops from March 2025).

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“Part of the reason is economics. When games take months and significant money to develop, people naturally become risk-averse. Building on something that already works becomes the safer option.”

For Curwen, tackling the problem therefore means changing the risk-reward equation behind game creation. If creators can develop and test ideas more quickly and at significantly lower cost, an unsuccessful experiment becomes less consequential – and taking a chance on something genuinely different becomes easier to justify.

“Technology changes the equation,” he says. “If we can make development faster and significantly more cost-efficient, creators can afford to experiment again.