Contracts and Poker: Solver Charts and Apps

A faithful reader called my attention to an episode of Card Player’s Poker Stories podcast in which Dominik Nitsche complained about tournament players looking at solver apps on their phones before acting on a hand. As most players are aware, a solver app, or shove chart, indicates the game theory optimal (GTO) hands to shove with when your stack is low.

Nitsche wondered what the rules have to say about this. It is a good question, and one that illustrates the problem of the rules trying to keep up with technology.

Let’s begin with the use of charts. This exact situation came up during the 2016 World Series of Poker main event when a player took a paper shove chart out of his pocket to assist him in making a decision. Ultimately, Tournament Director Jack Effel prohibited the use of the chart, stating that during the play of the hand players are not allowed access to any kind of tools. Is there authority for such a ruling?

Nevada statute § 465.075 is titled “Use or possession of device, software or hardware to obtain advantage at playing game prohibited.” This rule was adopted to counter the early efforts of blackjack card-counters who would strap computers to their legs in order to assist in keeping track of the count.

In context, the statute seems to be aimed at devices that predict future performance based on past performance. Thus, it does prohibit charts that indicate the optimal blackjack play, since those charts only analyze future probabilities with no reference to the past. Since a poker shove chart is analogous to the blackjack optimal play chart, it would not be prohibited as a device under this statute. If it were banned, it would have to be for other reasons.

“Cheating devices” are prohibited by WSOP Rule 40. Does use of a chart constitute cheating? As discussed in an earlier column (Card Player 01/17/2018), it is hard to determine exactly what constitutes cheating at poker, but your author thinks it involves obtaining information that is not available to others. By that definition, using a shove chart is not cheating because everyone has access to them.

Since no rule is technically applicable, Effel apparently made his decision based on the “best interests of the game” catchall rule found in WSOP Rule 51:

“Where a situation arises that is not covered by these rules, Rio shall have the sole authority to render a judgment, including the imposition of a penalty, in accordance with the best interests of the Tournament and the maintenance of its integrity and public confidence.”

The WSOP Rules tend to respond to circumstances that have arisen, and sure enough, the 2018 edition came back with Rule 64©: “Participants are prohibited from using betting apps, gaming charts, or any poker information tool while involved in a hand.”

I am glad to see that this rule does not prohibit consultation of all aides. I treasure the moment in the 2005 main event when Joe Hachem and Steve Dannenman were heads-up. Hachem went all-in and Dannenman reached into his pocket and pulled out a slip of paper on which he had written advice to himself.

He read, “Laying down the best hand is a mistake, but it is not a big mistake.” He then laid down his hand, much to the chagrin of Hachem, who had him beat. I have even seen players with advice tattooed onto their hands or arms; that would be tough to prohibit.

There is as yet no specific TDA rule on the use of paper charts, but a tournament director could reach the same result that Effel reached under TDA Rule 1, which is similar to WSOP Rule 51. So the real question is whether the TD should exercise that discretion. I don’t have a good answer to that, but I do find it unseemly for a player to make a decision after consulting a chart; widespread use would turn live tournament players into bots.

The other part of the question involves the use of apps on phones at the table. In the old days, before they got “smart,” a phone was just a telephone. An earlier version of TDA Rule 4 had this to say:

Electronic Devices and Communications

Players may not talk on a phone at the table. Ring tones, music, etc. should be inaudible to others.

Today, a smart phone is really a computer, and talking on it is merely one of many functions. In recognition of this, the TDA updated the rule in 2017 by adding this language:

“Betting apps and charts should not be used by players with live hands. Other devices, tools, photography, videography, and communication must not create a nuisance and are subject to house and gaming regulations.”

I would prefer that when indicating a prohibition, the rules employ stronger language than “should not.” Nevertheless, it seems that the rule was intended to prohibit players from consulting a phone app after they get their hand. They are perfectly welcome to study the app before they get the hand, but can’t use it to look up a particular situation. So it appears that Nitsche was right to be concerned about a player consulting the app after he got his hand. When it happens, you should ask the dealer to call the TD over to make a ruling.

Note that this language appears under the heading of “electronic devices,” so it apparently prohibits the app but not the paper chart, which does not make a lot of sense. The TDA might consider a rule like the WSOP rule that prohibits both.

Of course, when a person is using a phone, it is hard to determine just what they are using it for. Even the WSOP rules allow a player to use the Bravo app during the play of a hand. Since it is hard to determine what use a player is making of a phone, rather than try to police the usage, it would seem more efficient to simply provide that a player may not use an electronic device during the play of the hand. Something like this might do the job: “A player may not consult a betting chart or an electronic device during the play of his or her hand. Play of the hand begins when the initial cards are dealt to the player.” ♠

Scott J. Burnham is Professor Emeritus at Gonzaga Law School in Spokane, Washington. He can be contacted at [email protected].