From india can i run a card game site for foreign country.
Suvo
(Querist) 04 September 2016
This query is : Resolved
I want to start a card game site for foreign countries from India. Like poker game, card game, cashino are as of now not legal in India but its legal in other countries.
So can I run a site from India for Foreign country of these kind of games. THE Site will be blocked for India and can be used by other countries. Is it possible.
Guest
(Expert) 04 September 2016
Indian laws apply for any activity done in India. So, no is the answer.
Kumar Doab
(Expert) 04 September 2016
It is felt that this query is related with your other query for the establishment.
Your own counsel may look into finer nuances of the matter and opine for you.
Suvo
(Querist) 04 September 2016
Then how so many apps and sites are running in India for such kind of business.... like adda52.com .. there arany sites and apps are there .. you can search in google.. then how r they running.
Guest
(Expert) 04 September 2016
Mr./Ms. Suvo,
Your supplementary query indicates well that your query is of academic nature, not your real problem. How, when, why, etc. are irrelevant in your academic query.
Even otherwise also, if you are really desirous of starting such a profession of commercial nature, to start with your a commercial activity, better hire some well experienced lawyer in cyber laws to help you.
If not, you can ask the administrators of adda.com, their contact address for General Enquires is: info@adda52.com
However, I am of the view that the members have guided you appropriately.
Suvo
(Querist) 04 September 2016
Thanks Sir for the reply... how will i contact cyber lawyer
Guest
(Expert) 04 September 2016
Go to your local/ district court and enquire about the lawyers taking up cases pertaining to cyber crimes.
Rajendra K Goyal
(Expert) 05 September 2016
You asked:
So can I run a site from India for Foreign country of these kind of games. THE Site will be blocked for India and can be used by other countries. Is it possible.
Ans: No
Rajendra K Goyal
(Expert) 05 September 2016
You asked:
Then how so many apps and sites are running in India for such kind of business.... like adda52.com .. there arany sites and apps are there .. you can search in google.. then how r they running.
Ans:
Can ask them, engage same consultant they engaged.
An illegal act does not become legal if not caught / noticed/ prosecuted.
Suvo
(Querist) 05 September 2016
There are not one or two sites running.. more than 20 sites and apps are running in India.. and each are using google and facebook paid ads... Google and facebook never accepts ads of illegal business.. even if u search in google then u will come to know that now supreme court has said that its a game of skills.
So i want to confirm...
Kumar Doab
(Expert) 05 September 2016
Your own counsel may look into finer nuances of the matter as collected by you, and opine for you.
Guest
(Expert) 05 September 2016
Mr./Ms. Suvo,
There is no use of stretching the thread on one or the other vague plea.
May there be hundreds of such sites, as you point out, but for earning profits through a commercial venture, cannot you afford to make your own research or hire some consultant to help you make research for you and guide you appropriately? Why do you want 100% spoon feeding? Is there any specific reason for not doing your own research or hiring a consultant for tghe purpose? IF NOT READY, IS IT WITH THE SOLE REAQSON THAT YOUR QUERY IS MERELY AN ACADEMIC QUERY?
Suvo
(Querist) 05 September 2016
I dont want the counsel for free.. I have even contacted a lawyer, he gave me appointment of next monday..
I thought lawyersclub is a hub of lawyers.. So here I will get a better answer from an individual lawyer..
But I didn't.
If experts are here to say that we should go and consult a personal lawyer then whats the meaning of having this expert Option in this Site. Its not such a tough question to answer. Even I m in CA final, when anyone ask me any tax related query, I give them the answer with clause and limitation.
Then you should clearly say that, Pay me consultation fee, then I will give u suggestion. U shouldn't misguide people.
Sorry for the words Sir. It was my mistake that I trusted this expert forum.
When Facebook, google is allowing ads of such online business, then it must not be illegal. I will findout the rule.
Kumar Doab
(Expert) 05 September 2016
Your own counsel may look into finer nuances of the matter as collected by you, and opine for you.
Generic advise from a online portal shall not be conducive for the kind of activity you have cited.
It requires due examination of inputs by you, if you are to own the business, or be investor and put your money to risk or in turn to advise anyone else.
Finally you have done better by seeking advise from a counsel of your choice.
None at LCI has asked you to pay any fee or seek appointment in this thread.
It is your prerogative to come back and share your own counsel's considered opinion, in this thread.
Wish you the best.
Rajendra K Goyal
(Expert) 05 September 2016
Wait for Monday.
Answers are provided suitable as per facts. Commercial, academic, relating to illegal advice, from anonymous author not attended.
Rajendra K Goyal
(Expert) 05 September 2016
You were provided the answer, you are stretching the thread.
Has any of the experts asked for consultation charges or revealed his personal details? Answers may not satisfy who want answer as per their thinking.
Guest
(Expert) 05 September 2016
Hi Suvo,
If not such a tough question to answer, you would have found the answer yourself instead of feeling the need to come to this forum.
You asked your academic question, which normally members discourage to reply, but still they replied, as per the provisions of law.
What is the secret of the other gambling sites working through India, is a question of time consuming research job that nobody would like to waste for for a free advice seeker. Naturally, those sites would have been working by giving smart unethical twist to the legal provisions, which nobody would like to discuss openly, as against the provisions of law.
So, if you are so keen in violating the provisions of Indian laws by following some others, you can at your own sweet will have to make decision, or to make your own arrangements for research or by hiring services of some researcher cum cyber law expert to guide you appropriately.
You should not have expected unethical advice from the members here.
There is no use of stretching the thread of your academic query any more.
Rajendra K Goyal
(Expert) 05 September 2016
Also a repeated query:
http://www.lawyersclubindia.com/experts/Is-online-poker-game-legal-in-india-614896.asp
Suvo
(Querist) 05 September 2016
Thanks for tge reply PS Dinghra, few experts were asking me who have asked for money from me.. I hope they got the reply.
You go to caclubindia and ask anything in the expert forum... u will get all reply with section, case studies and allfor free.Afterall they are CA's ..
I just asked as i thought i will get some valuable reply with section..
But I got a general answer, that I would have got by asking anyone from non-llb background. Then why do you get the tag of experts...
And Mr. Rajendra plz try to interprete the line properly.. u r a lawyer..
My two questions are different...
1st one was: Is online poker game legal in India.
My 2nd question is : From India can I run a poker game online for foreign country by blocking it in india.
Anyways thanks..
My question was simple.U all made it complicated.
Rajendra K Goyal
(Expert) 05 September 2016
If any further question was to be asked related to query, needed to be posted in same thread, no new thread need to be started.
Kumar Doab
(Expert) 05 September 2016
You have posted that:
'few experts were asking me who have asked for money from me.. I hope they got the reply.'
It might be true.
Raj Kumar Makkad
(Expert) 06 September 2016
Indian gaming and gambling industry is presently suffering from lack of a techno legal framework that can manage online gaming and online gambling related issues. For instance, the cyber law due diligence (pdf) and Internet intermediary liability law in India are two such techno legal requirements that the central government has failed to enforce in India so far. This also applies to online gaming and online gambling industry of India as well.
Recently the Indian government has clarified about the Foreign Direct Investment (FDI) in E-Commerce Sector of India. As per the “Consolidated FDI Policy Circular 2015” (pdf) (FDI Policy), FDI is prohibited in lottery business including Government/private lottery, online lotteries, etc and gambling and betting including casinos etc. As far as the intentions of central government are concerned, it is not in favour of allowing FDI in lotteries, gambling and betting. Further, central government also refused to give its opinion on the legality or illegality of online games and online gambling in India. As a result the online gaming and online gambling entrepreneurs of India are now required to comply with multiple laws of India, both central as well as state wise. For reasons unknown, most of the gaming and gambling entrepreneurs of India are not complying with techno legal requirements of different laws of India.
Take the example of geo location feature of an online gaming or online gambling website of India or foreign jurisdiction. While the website in question may claim in its terms and conditions that users from a particular territory in India or from foreign jurisdiction are not allowed to access or play on the website yet the website is actually doing little to achieve this task. This practically means that if users of state A are prohibited from accessing websites/servers located in state B due to the laws of State A, still users of state A can access the website. This applies to international websites and its features as well that are not available and accessible in India. For instance, although online game “Pokemon Go” has not been launched officially in India yet users and gamers are using virtual private networks (VPNs) to change their locations and catch Pokemons in New York and London while sitting in their Indian homes. Similarly, geo location restrictions can be bypassed in India using proxies and VPNs thereby violating the sovereignty and legislative powers of various states.
This is just a single example how techno legal requirements are ignored in India. There are many more techno legal issues that are simply ignored by online gaming and online gaming industry and stakeholders in India. As the Indian government itself is not aware of these issues, these websites and business are still untouched. However, the moment Indian government would be aware of the illegalities and contraventions committed by online gaming and online gambling websites of India and foreign jurisdictions, a prosecution spree would be inevitable.
(copied)
Raj Kumar Makkad
(Expert) 06 September 2016
Indian gaming and gambling industry is presently suffering from lack of a techno legal framework that can manage online gaming and online gambling related issues. For instance, the cyber law due diligence (pdf) and Internet intermediary liability law in India are two such techno legal requirements that the central government has failed to enforce in India so far. This also applies to online gaming and online gambling industry of India as well.
Recently the Indian government has clarified about the Foreign Direct Investment (FDI) in E-Commerce Sector of India. As per the “Consolidated FDI Policy Circular 2015” (pdf) (FDI Policy), FDI is prohibited in lottery business including Government/private lottery, online lotteries, etc and gambling and betting including casinos etc. As far as the intentions of central government are concerned, it is not in favour of allowing FDI in lotteries, gambling and betting. Further, central government also refused to give its opinion on the legality or illegality of online games and online gambling in India. As a result the online gaming and online gambling entrepreneurs of India are now required to comply with multiple laws of India, both central as well as state wise. For reasons unknown, most of the gaming and gambling entrepreneurs of India are not complying with techno legal requirements of different laws of India.
Take the example of geo location feature of an online gaming or online gambling website of India or foreign jurisdiction. While the website in question may claim in its terms and conditions that users from a particular territory in India or from foreign jurisdiction are not allowed to access or play on the website yet the website is actually doing little to achieve this task. This practically means that if users of state A are prohibited from accessing websites/servers located in state B due to the laws of State A, still users of state A can access the website. This applies to international websites and its features as well that are not available and accessible in India. For instance, although online game “Pokemon Go” has not been launched officially in India yet users and gamers are using virtual private networks (VPNs) to change their locations and catch Pokemons in New York and London while sitting in their Indian homes. Similarly, geo location restrictions can be bypassed in India using proxies and VPNs thereby violating the sovereignty and legislative powers of various states.
This is just a single example how techno legal requirements are ignored in India. There are many more techno legal issues that are simply ignored by online gaming and online gaming industry and stakeholders in India. As the Indian government itself is not aware of these issues, these websites and business are still untouched. However, the moment Indian government would be aware of the illegalities and contraventions committed by online gaming and online gambling websites of India and foreign jurisdictions, a prosecution spree would be inevitable.
(copied)
