Kernrechtsfrage
Whether Magic Games is an apparatus to which the Gaming Act applies as a gambling machine.
Extrahierter Entscheid
Yes. The game satisfies the statutory elements of a game of chance: a stake, the prospect of a material gain, and predominant dependence on chance; its largely automatic operation makes it a gambling machine.
Extrahierte Begründung
A limited free first play does not remove the stake element where the free access serves as a lure that induces later paid play. The protection purpose of the law would be undermined if a game could evade the statute through a limited free introductory phase.