>For example - does oregon law require that the machines have certain winning percentage? And secondly did the state of oregon make a representation to gamblers that this machine had certain winning percentage?
What relevance to the claim being made does this have at all? The question is whether a feature on the machines intended to accelerate play by automatically choosing the ideal card draw was actually doing that. It has been determined that it was not (unlike every other supplier of machines that Oregon uses), and those machines have now been withdrawn.
>And finding documents marked "confidential" that say the machine has a certain winning percentage means nothing. You cannot say that a confidential document that was unknown to gamblers before Cruzi obtained it from a public records request mislead anyone. If people do not know about a document there is no way it can mislead them.
This objection is incomprehensible. It is not being claimed that players were being deceived by the listed winning percentage of machines within documents marked "confidential." The documents are being used to prove that Oregon was aware of an error in their favor within the autoplay algorithm on those particular machines, therefore consciously benefiting from that error by possibly over $100M.
Simple example: suppose healthcare.gov (US healthcare exchange under ACA) had a feature that calculated the amount of insurance plan subsidy that you were eligible for based on the information that it had about you. You would then be optionally allowed to review the calculation before selecting the plan, or click "NEXT." Further suppose that this feature was broken, and unless the calculation was reviewed, it would consistently ignore certain subsidies whether or not you qualified for them. Now, add that this error was discovered, but since it was in the government's favor, was ignored, resulting in a loss of over $100M to people who pressed "NEXT" (or lets say $100M * [US population/Oregon population] = $8.1 billion.
Would that be a problem?