[MentalNomad]

Excession:

1. Your argument doesn't address the fact that this section of the TOS is not about defining illicit software, it's about the player giving permission to Party to install THEIR software. Again, it's not about "Cheating Software" the player uses, it's about Party's "Anti-Cheating Software." They are getting permission to snoop.

2. Selective deletion yields different results. Try this one on for size:
"We are committed to detecting and preventing software programs. . .[clip]. . . or anything else that we deem enables you to have an unfair advantage over other players."

3. By stating that they are committed to stopping X, they are not saying that Y is allowed. If people come up with a new way to cheat, it does not mean everyone who signd up under the old TOS is grandfathered in.

4. In Computer Science, the simple truth is that player-profiling systems qualify as AI software, so the distinction is moot. Most laypeople assume "Strong AI" whenever they hear "AI." Strong AI refers to simulating complete human-like intelligence. Simple AI applies to any artificial system which automates a task which requires some intelligent behavior. If your system collects information about all players into a database and then later displays the correct data for particular players, in context, over your poker table, you have yourself a simple AI system. If you went to court about this, you, as a partner in a commercial lawfirm, would hire someone like me, a professional Computer Scientist with a bunch of degrees from engineering schools, to advise you on the technical issues or to be your expert witness.

5. I'm kidding in that last line; please don't take offense.

6. But I am available for hire if the pay is good.