I wanted to disagree at first, but actually I think you are making a valid point. There are obvious ways to treat poker as a game of skill, but this ignores the fact that gambling laws aren't just about some mathematical question of whether it's possible to think of a strategy that gets you positive EV (for poker, the answer is yes). Poker has certain properties which make it addictive to certain types of players who will most certainly lose, and the question is not whether it is possible to win through skill, but whether the less-skilled players should be protected from the psychologically-deceiving nature of the game. Even if skilled poker players might have the same numerical advantage as skilled basketball players, poker is different in its addictive nature and in the results it produces for the "losers" - which can be destructive.