Gkalai comments on Can chess be a game of luck?
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Comments (41)
"Most people can't do it"
This is precisely my point and probably the basis for the judge's rationale in the old case. The situation of those" most people" who cannot do it but still take parts in betting on poker is similar to those playing the roulete. if this accounts for a large percent of participants than it is justified to regard the activity as primarily - gambling (or game of luck) I think there are additional ingredients that will push the situation towards a game of luck when the stakes are high.
I think I see... for positive-expectation games (e.g. scientific research) it is possible that the majority of people involved play with justified reason to believe they will make money/good/utility/whatever without implying that the minority without that justified reason to believe will lose tons of money. For zero or negative sum games this is not true. The majority of people cannot have justified reason to believe their individual game is positive expectation (it's not justified 'cause information that the game is zero/negative sum, and information about how good at the game other people are, is widely available), and are therefore relying on "luck" to select them to win rather than others. Or if the majority know they will win, that implies the minority are losing a lot.