They've 'gotten away with' it by for example winning cases deciding they offer commodities trading, not gambling. (You can disagree with it, it's in the open and explicit is my point.)

They've had people in their corner who've overturned state law. There are federal lawsuits in progress.

I have no horse in this race, that's sort of exactly my point - they haven't mysteriously 'gotten away with' it like done something illegal and nobody noticed; there have been cases, there will be more, it's so far been allowed. I don't call that 'getting away with' is all.

I hate the stigma and laws against gambling. They don’t stop gambling, they create a higher barrier of entry leading to monopoly, and gamblers are paying more because lack of competition