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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.

But through its love of pachinko, social gaming in Japan offers a strikingly different story.

Across some 8,000 pachinko parlours in Japan, machines filled with metallic balls fill expansive spaces, similar to slot machines on a casino floor. Winning balls are tallied and exchanged for non-cash prizes at the parlour, which can then be taken to nearby third-party exchange outlets for cash.

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“Just eight years ago, this court reiterated that ‘each state is free to act on its own’ in regulating sports betting,” the petition says. “But Kalshi has a different view. Kalshi bills itself as ‘the first app for legal sports betting in all 50 states’ and believes it can offer that legal sports betting without following the sports-gambling laws of any of those 50 states.”

In a statement, Kalshi spokesperson Dani Lever said the platform is “an open, nationwide, financial exchange” that “cannot be regulated by 50 different regulators”, per CDC Gaming.

“Both the Third Circuit and the District of New Jersey side with Kalshi, because the CFTC’s exclusive jurisdiction prompt state law,” Lever said, adding that “nothing in New Jersey’s filing” changes that view.

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The court also explored potential liabilities for trust administrators and local representatives who facilitate illegal gambling sites. 

While it did not find Curaçao-based trust firm DECC and its directors liable in this case, the ruling signalled that closer scrutiny of such intermediaries could unfold.

Nederlandse Loterij has announced plans to appeal portions of the Lalabet decision, particularly arguing that trust firms have a duty to properly vet their clients.