RMAH is Gambling.

Q u o t e:
Every monster you will slain is a lottery ticket.

Discuss.

Lottery tickets are only available to you if you exchange money for them directly. The same is true for any risk-based game of chance -- you have to be risking something in order for the exchange to be a gamble.

Q u o t e:
I buy $100 dollars of in-game items in hopes to turn profit by re-selling them in the auction house for profit.
How is the $100 I spent not something I am putting up at risk?

You're confusing the inherent risk of reselling an item for an acceptable value in a free market with what is actual 'gambling'. If what you proposed was gambling then retailers would be running illegal casinos.

It's all rather unnecessary for discussion. We've spent a very long time working with our legal departments around the globe researching regional laws and regulations, if not obtaining government approvals. We announced the feature because we know it to be sound from a legal perspective. If any local or country-specific laws do become an issue we'll of course be sure to let people in those regions know.

We're not going to comment any further on legal speculation on what's potentially ok or not, we're simply not qualified to do so. Our legal departments have done their homework, we'll leave that to them.