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Tests carried out using a VPN to access banned markets found Evolution’s games had been available to players in the prohibited jurisdictions of UAE, Singapore, Hong Kong and Saudi Arabia.
However, further tests found that while using a VPN, Spectrum could not access Evolution’s games in the sanctioned markets of Iran, Sudan and Syria, despite claims to the contrary made by Black Cube in its prior report.
“When we attempted to play games in those locales using VPNs, we were repeatedly denied access,” Spectrum states. It therefore said it found the allegations linked to these countries were “unsupportable and lacking credibility and proper foundation”.
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The move came shortly after the Senate declined to advance the Digital Asset Market CLARITY Act. The procedural vote on September 15 rejected it with 49-50, not meeting the 60 votes required to move forward.
The CFTC’s move gives the agency a chance to pursue parts of a crypto market framework under its existing authority, rather than waiting for Congress to resolve the broader legislative debate.
CFTC Chairman Michael Selig signaled that possibility back in August. The agency was considering how its existing powers could be used to create a dedicated market structure for digital assets that are standard, he said.
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“During prosecution, the Examiner did not apply the material prior art or straightforward combinations presented here, which render every challenged claim obvious,” according to a DraftKings filing with the patent office.
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.