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The rejection of the Clarity Act can be viewed as a victory for gaming stakeholders in their fight against prediction markets, which are closely intertwined with the crypto world. Crypto markets have long been the second-largest category of prediction market trading, behind sports, and many crypto exchanges also now offer predictions. These include Crypto.com, Coinbase, Gemini and many others.

On 16 June, a coalition of gaming lobby groups, state associations and labour unions sent a letter to the Senate urging lawmakers to include language in the bill banning sports and casino-related contracts. Among the signatories were the American Gaming Association, the Indian Gaming Association, the Association of Gaming Equipment Manufacturers and the UNITE HERE unions.

“Litigation may eventually clarify the law, but this is ultimately a question of congressional intent. Congress should not wait while this nationwide expansion of gambling continues,” the letter said. “It should use crypto legislation to reaffirm a simple principle: sports betting falls outside the CFTC’s remit and cannot be offered through prediction market platforms.”

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For Japan, the question is whether this broader proposition could make casino resorts more socially and culturally palatable by giving visitors reasons to come, other than gambling.

But for Klebanow, the lesson Japan should take from Macau and Singapore extends beyond the importance of non-gaming attractions. It is also about how regulation should work. Policymakers, he argues, should establish basic legal and commercial guardrails, while giving operators sufficient “latitude” to “propose and develop projects that best serve both the residential and tourism markets”.

He points to Macau’s Cotai Strip and Singapore’s Marina Bay Sands and Resorts World Sentosa as examples of how regulatory discipline can coexist with considerable freedom for developers to innovate. “At its core, Japan’s policies need to be pragmatic and allow for developments to succeed – not constrain them to the point that they risk failure.”

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“During prosecution, the Examiner did not apply the material prior art or straightforward combinations presented here, which render every challenged claim obvious,” according to a DraftKings filing with the patent office.

Citing U.S. code, the gaming company is pushing for an inter parties review while requesting that the board find the 18 claims in question “unpatentable.”

Patent squabbles, including those pertaining to geolocation services, aren’t unheard of in the online gaming space. How things shake out in the Cantor Fitzgerald/DraftKings spat remains to be seen, but it’s possible the deck is stacked against the gaming company.