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At this given time, FanDuel and DraftKings are both legal in the state of New York. The fantasy sports industry allows people to create their own professional football, baseball, basketball, and hockey teams from the rosters of the real players and to accumulate points based on their performance in real games throughout the season. However, the daily version is a sped up version of fantasy sports, which allows participants to bid on a lineup they create based on real players playing actual games. The strongest argument for fantasy sports supporters is its comparison to a skill based game, and not gambling or wagering.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 5, 2016. The original post can be accessed via the Archived Link button above.

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