QFIT said:
4. In analyzing the strategy for playing
Using a cellphone program to figure out which games to play could be interpreted as "analyzing the strategy for playing". A player would be analyzing the game to figure out if it is worth playing or not.
It would be a stretch but remember you and the casino are coming from two completely opposite positions.
The player is coming from the position of legally exploiting any advantage possible and will interpret any laws liberally. A player will interpret laws to their advantage, they may not see anything illegal with certain tactics or technologies that the casino would see as wrong.
The casino is coming from a position of game protection and will interpret any laws conservatively. If there is any sort of ambiguity to laws the casino will interpret the laws more tightly than a player would, the casino would be more strict in their interpretation than the player would.
And I am thinking that the justice system will side with the casino with their vast experience, monetary resources, trained-security, and local interests; rather than the player who just has visual evidence coming from one person-himself, just as a general rule.
It would sure suck if a player were to be winning then the player's buddy, who had been watching the whole time, says "hey look he's finally winning big-time. He has a program on his cell-phone that tells him how to play." It could happen (and probably will, sooner or later regardless of whether the player is using it to cheat or not), people do stupid things all the time.
In other situations it may just be a case of "let's us look at your software or else". All under the table of course.