Another sort of “game” not covered by Ohio law is daily fantasy sports. DraftKings and Fan-Duel are in the news these days for what some call insider trading. Last month an employee of DraftKings admitted to the inadvertent early release of data before the week’s NFL games. That same employee, in the same week, won $350,000 on rival Fan-Duel’s website.

The FBI has opened an investigation. More than 36 lawsuits have been filed across the country. The Attorney’s General in New York and Nevada have issued cease and desist orders to both companies, stating that these daily fantasy games are a form of illegal gambling.

In Ohio, there is no real law covering such games. The OCCC and Attorney General Mike DeWine say it is up to the legislators to address the issue. A report is due by year end from the Joint Committee on Gaming and Wagering that will recommend if any legislation is needed.

Meanwhile a federal lawsuit has been filed in the Northern District of Ohio, alleging DraftKings and Fan-Duel are operating illegally in Ohio.