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U.S. Patent No. 12,406,284, which lists Commerce Secretary and former Cantor CEO Howard Lutnick as its primary inventor, covers geolocation technology commonly used in sports betting.
Geolocation services, which are typically purchased through third-party vendors, are used by sportsbook operators to ensure that their clients are placing wagers from jurisdictions in which sports wagering is legal.
“During prosecution, the Examiner did not apply the material prior art or straightforward combinations presented here, which render every challenged claim obvious,” according to a DraftKings filing with the patent office.
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The problem is that many of these recommendations involve companies that are not authorised to operate in Brazil. Some may be licensed in other countries, but that doesn’t allow them to operate legally in the Brazilian market.
The research also found profiles of influencers known as tipsters, sports traders and “professional gamblers”. They sell access to groups, predictions, spreadsheets and other products related to betting, while presenting gambling as an income-generating activity.
According to The Intercept, some content even uses expressions like “leaving the CLT [Brazilian labour law]” and “your dream income” to promote this type of activity. There are also screenshots of alleged user earnings and posts that present gambling as a kind of investment.
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Local operators, meanwhile, have tried to close the gap by strengthening their technology, including working with world-class suppliers.
This can be difficult, however, as Atucha explains some larger platforms entering LatAm will only work with tier 1 operators, rather than helping smaller companies develop. “It’s challenging because first, whatever you would consider a tier 3 or a tier 2 or even a startup in an emerging market like Latin America can eventually become a tier 1 operator,” Atucha suggests.
“We’ve got lots of cases, EstrelaBet being one of them. They started from nothing and they grew a lot. And probably platform suppliers will have ignored them and regret that later on. You’ve got lots of cases like that.”