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Title: Pokemon Or Poker?
Source: Associated Press, date unknown.
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POKEMON OR POKER?
COURTS: A federal lawsuit charges that the popular
children's card
game amounts to illegal gambling.
The popular Pokemon card game in which players use
the characters'
special powers to win other cards, which are frequently
traded among
youths, is an illegal gambling enterprise, according
to a lawsuit.
The lawsuit, filed last week in federal court in
San Diego, asks that
Nintendo of America return its Pokemon profits to
customers or pay an
unspecified amount in monetary damages.
Pokemon, which stands for pocket monster, began in
Japan and has taken
America by storm. Some schools have banned Pokemon
cards because of
the distractions and fights that have erupted over
the cards.
The card game involves a host of imaginary creatures,
each with their
own set of special powers, with the goal of winning
as many cards as
possible. But many children don't even play the
game and trade cards
similar to the way they trade sport cards.
The law firm of Milberg, Weiss, Bershad, Hynes and
Lerach claims
Pokemon is a gambling enterprise because children
must "pay to play"
by purchasing the cards; children can "win" rare
prize cards that are
intrinsically more valuable than other cards; and
there is an element
of chance because rare Pokemon cards are randomly
packaged into the
deck.
Similar lawsuits have been filed against sports trading-card
makers.
Rick Flamm, a Nintendo spokesman, defended Pokemon,
noting that those
lawsuits have yet to be successful.
The suit was filed on behalf of three children. The
lawsuit also seeks
class-action status.
Also named as defendants are Wizards of the Coast
Inc., which makes
and markets the card game under a license from Nintendo,
and 4 Kids,
which is Nintendo's licensing agent.
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