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Draft king's terms of service says essentially this is a game of skill, this is not gambling, you can't gamble. is that a defense here or is pretty soon will they have to face up to the fact that uncle sam is not only going to want a piece but also want to be able to see what is going on in their server rooms? >> that's their defense, their position, that these are games of chance like you said. but how much skill is really involved and what about the inexperienced user? isn't there also a certain a skill in a horse race, finding out which horse might perform better? the rain? a lot of these p...

Gambling, and they carved out an exemption that talks about fantasy sports. the business model is not gambling, and they based it on this, is it a game of chance or a game of skill? >> it is to you? >> right now the legal precedent is it's legal. >> legal as gamble organize legal to do -- >> it's legal to do as not gambling. >> such great lawyers counties leave me lost. all die know -- this is something shy disclose -- 21st 21st century fox owns a stock in draft king. >> right there is the point. the big businesses are now investing in the fantasy sports model, which now what is happening is t...

You've likely seen their ads. this all started when an employee won $350,000 on a rival site. that one's called fan duel after he released data that could have been helpful in crafting a lineup. draft king says he did not have an advantage and since the story broke, both draft kings and fan duel have banned employees from contests. nbc's parent group are among the investors in fan duel. joining me now is brent from "usa today." it appears we're in the early stages of this inquiry, but how could this affect the companies and cust ners? as a full blitz across television these days. ads said hey,...

And the fbi are investigating daily sports sites. they have been contacting draft king customers. the screwed any after a draft king employer had access information. he won $350,000 in a contest with fan duel. no justice! >> no police! >> no race! >> no police! 12 people are in jail after the city hall interenthall. the group of mostly student activists say they were not given a chance to voice their opinion during city council meeting. the family of the family members of "el faro" are suing the company and captain for $150 million. they argue the "el faro" wasn't

Pretty quickly. first of all, this is a $2.5 billion industry and it's booming. these advertisements are all over the games and the issue here is the fact that employees at fan duel or draft kings up until late, late last night were allowed to set up lineups and play fantasy football on the competition, in this case an employee for draft king winning $350,000 on fan duel. now, draft kings disputes the allegation that he used quote, unquote, insider information as the "new york times" explains it to gain an advantage and win $350,000. without getting in the weeds too quickly, the idea is basica...