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The explanation, he believes, comes back to the behaviour that inspired Swipe Games in the first place. Crash players may experience a different outcome each time, but visually they repeatedly encounter much the same thing. Social media has conditioned its users to expect something new with every swipe.

“People are not playing it just as a quick crash game,” Yashin says. “They play it more like they are betting. It is a different pattern.”

Creating that constant variety presents an obvious problem. A casino game requires random outcomes, but a library of pre-recorded videos eventually becomes predictable. Once a player recognises a clip, they could know how it ends.

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However, punters can still get their betting fix through the country’s official toto system, which offers authorised products covering soccer and basketball.

Under Japan’s penal code any betting that creates the possibility of gaining or losing property on a matter whose “outcome depends upon chance” may constitute gambling.

Online gambling more broadly remains illegal, with no sign of legalisation in either the short or long term. If anything, the government appears to be moving further away from the activity, and is actively considering website blocking to prevent illegal gambling in the country.

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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.

The Commerce Department has jurisdiction over the USPTO, meaning Lutnick is the boss of the USPTO Director John Squires. Squires, who became 60th director of the USPTO a year ago, has been publicly effusive in his praise of Lutnick.