Phil Ivey negotiated what the casino was offering him and successfully...I don't want to say, "Tricked," but basically tricked the casino into handing him an advantage on a silver platter. Kane and Nestor didn't trick the casino into doing anything, they didn't negotiate anything; (other than the ones that they asked for one simple request-turn on the double-up function) they mostly played the game as the casino was already presenting it.
Had Phil Ivey encountered the same advantage under substantially the same circumstances, except without having negotiated it for himself, he probably would have won the case.
Kane and Nestor arguably played the Game King the way it was designed (though not intended) to be played. It was approved by the Nevada Gaming Control Commission, it was designed by IGT, the casinos had the units installed. You're telling me these guys stumble on the huge windfall that they discover and nothing is the fault of the manufacturer, NGC or the casinos themselves? It's not like Kane called up an IGT programmer and said, "Hey, man, can you put a bug into the source code that will cause jackpots of a higher denomination to pay out when a specific series of events is conducted?"
As far as keeping their word to each other, just from reading the article, I think it would have been equitable for them to have come up with a different arrangement than the one originally agreed to.
-Between taxes and paying Kane half, Nestor would be making less than 25% of the total amounts that he was signing for at the end of the day. Nestor probably had long-term future in mind (in terms of saving money) and both Kane and Nestor had to believe that this play had a limited lifespan.
-If the article is true, Kane discovered it by accident, but Nestor was positively necessary in figuring out how to work it. Someone called Nestor stupid, well, he can't be much stupider than Kane if Kane needed him.
-50% of Nestor's take is ridiculously greedy by Kane. Nestor helped figure out how to work it reliably and what stops Kane from just hitting his own jackpots?
-Nestor does have a (shady) point that he can just take jackpots down himself, so what does he need Kane for?
-----Just my opinion, but I think both were stupid greedy on that one. I do think 50% is a completely unfair arrangement, though.
LAWSUIT: The casinos probably didn't move forward because, in my opinion, any jury would have decided against the casinos in a civil. The games were approved, as they were, by Gaming and Kane/Nestor did nothing to alter the actual units themselves. It wasn't even a matter of a machine, "Malfunction," the machines were technically doing what they were programmed to do.
Also, it would be the casinos suing individual players. I would like to think a jury is automatically going to be leaning towards the players.




Reply With Quote