What is gaming? In recent months, this has been the question at the intersection of the investing and betting industries. On Sept. 6, 2024, in the KalshiEX LLC v. Commodity Futures Trading Commission decision, the U.S. District Court for the District of Columbia weighed in, ruling that predicting the winner of a political election does not fall within the scope of “gaming,” as the term is defined in the Commodity Exchange Act.