In a groundbreaking decision that could have far-reaching implications for online gambling, the United States Court of Appeals for the Ninth Circuit has declined to take up two cases involving Apple and Google’s app stores allowing users to access gambling apps.
The cases, which were consolidated for appeal, involve allegations that Apple and Google’s app stores facilitate illegal gambling by allowing users to download and use apps that offer real-money betting on sports events, casino games, and other forms of gambling. The plaintiffs in the cases are a group of individuals and advocacy organizations who have been affected by the proliferation of gambling apps on the platforms.
In a unanimous decision, the three-judge panel of the Ninth Circuit declined to hear the cases, citing jurisdictional issues and a lack of clear legal precedent. The panel noted that the issues raised in the cases are complex and require careful consideration, and that the cases would be better heard by a lower court where more factual development could take place.
The decision is a major blow to the plaintiffs, who had hoped that the Ninth Circuit would provide clarity on the legality of Apple and Google’s app store practices. The plaintiffs argued that the app stores are aiding and abetting illegal gambling by allowing users to access gambling apps, and that the companies should be held liable for their role in facilitating illegal activity.
Apple and Google have both maintained that they are not responsible for the content of the apps available on their platforms, and that they are merely providing a platform for developers to distribute their apps. The companies also argue that they comply with all relevant laws and regulations, and that it is the responsibility of app developers to ensure that their apps are in compliance with the law.
The Ninth Circuit’s decision not to take up the cases leaves the issue of gambling apps on app stores unresolved. It is unclear how the lower courts will handle the cases, and whether there will be further appeals in the future.
The decision could also have broader implications for online gambling as a whole, as other app stores and platforms may face similar legal challenges in the future. The case has drawn widespread attention from industry stakeholders, legal experts, and advocacy groups, who are closely watching how the issue unfolds in the courts.
Overall, the Ninth Circuit’s decision not to take up the cases has left many questions unanswered, and the issue of gambling apps on app stores remains a complex and contentious one. As the legal landscape continues to evolve, it is likely that this issue will continue to be a subject of debate and litigation.