Kentucky Court of Appeals Prohibits Domain Seizure

[Warren2]

Finally someone has come to their senses in this crazy case, even if it was just by 2-1.

http://www.cardplayer.com/poker-new...ky-appeals-court-says-dont-touch-domain-names

Here is the decision:

http://www.scribd.com/doc/10978170/Opinion-of-Court-of-Appeals

 

[Acquisition]

Good. although Kentucky is a weird place.

 

[Gerry]

It is difficult to imagine how they acted to begin with, thinking that they were not acting outside their jurisdiction.

Imagine your local court seizing a domain name because your locality disagreed with the thinking or preaching of a site.

That is what this boiled down to.

 

[PRED]

didnt read report but hopefully matter now over?

also didnt some poor sould already hand over their domains? :uhoh:

loss of earnings now springs to mind.

btw, thanks warren for posting

 

[marcorandazza]

http://randazza.wordpress.com/2009/01/20/breaking-news-kentucky-domain-case/

 

[Domainator]

Unbelievable in the very first place...the bourbon must have "diluted" their senses....

 

[PRED]

ok, time for those asswipes who tried to railroad this through to face the music. we live in hope.

yep, let's fry those kentucky chickens !

 

[BidNo]

Good news, no doubt.

 

[Theo]

Boycott the Kentucky Derby until they let all KY residents free access to booze, gambling and hookers!

 

[2fly1]

However, it did rule that the domain names are indeed “gambling devices"

Wonder what the future of this ruling will bring.

 

[HuntingMoon]

i wonder how much money was wasted on this by the state. i recognize that gambling is restricted in the u.s., but this case was ill-conceived imho.

 

[marcorandazza]

Nothing was wasted by the state. The lawyers for the state did it on contingency.

 

[BidNo]

However, it did rule that the domain names are indeed “gambling devices"

 

[HarveyJ]

KY State, where you don't even get lubed up before you're screwed.

 

[Fatbat]

However, it did rule that the domain names are indeed “gambling devices"

Wonder what the future of this ruling will bring.

No, re read the ruling. The appeals court determined that the domains are not in fact gambling devices.

 

[dn-101]

Let me clarify the situation:
The judge is probably
1. a white trash
2. part of the ole boys network
3. doing back room deals

It's your pick! :smilewinkgrin:

 

[Fatbat]

Was reported today that the Governor and his cronies are going to appeal the decision, so no, it's not over. The lawyers working for the State are doing it on spec, and they also have similar cases in other states filed, so the success/failure of this case will impact those other ones.

 

[BobDiGiTaL]

No, re read the ruling. The appeals court determined that the domains are not in fact gambling devices.

the judge says "Therefore, based on the foregoing analysis, I believe that internet domain names
are but one of the components that are unified into a gambling device and properly within the definition of a device as that term is used in KRS 528.100"

is he saying domains are just a one of the components of the gambling device?

if so , why did he say the "properly within the definition of a device as that term is used in KRS 528.100" part ?


Here is the real reason for all this
Democrat Beshear, who ironically is trying to convince state politicians to permit casino gambling in Kentucky, is going after the online gambling sites because he says they’re undermining the state’s horse racing industry, allows minors easy access to the sites, and takes away taxes and licensing compensation that would normally go to the state.

Through a press release announcing this maneuver, Beshear said that Kentucky loses “tens of millions of dollars” a year to unregulated and unlicensed online gambling. He also said the unregulated industry is a threat to national security.

“Unlicensed, unregulated, illegal Internet gambling poses a tremendous threat to the citizens of the Commonwealth because of its ease, availability and anonymity,” Beshear said at Monday’s press conference. “The owners and operators of these illegal sites prey on Kentucky citizens, including our youth, and deprive the Commonwealth of millions of dollars in revenue. It’s an underworld wrought with scams and schemes.”

this guy is trying to get gambling into the state, and is probably primed for CEO of Kentucky's new gambling commission.
what a big baby !!! he cant make gobs of $$$ , so he takes the ball away, and tries to go home.
I cant believe he calls Kentucky, "the commonwealth" TURD.

 

[Gerry]

Was reported today that the Governor and his cronies are going to appeal the decision, so no, it's not over. The lawyers working for the State are doing it on spec, and they also have similar cases in other states filed, so the success/failure of this case will impact those other ones.

You are correct - this is going to the Kentucky Supreme Court.

Here is the real reason for all this

You are correct also.

It was, after all, the gambling/gaming business that petitioned Congress and the law makers to outlaw gambling sites in the US as it was impacting brick and mortar casino and bookie businesses, dog and horse tracks, even lottery sales.

This whole matter had NO effect on the online gaming industry.

 

[Fatbat]

This whole matter had NO effect on the online gaming industry.

Except for those small players that actually lost their domains. There were 4 or 5 the last time I checked where the WHOIS had in fact changed to the State of Kentucky. These were mostly crummy little portals. All the big fish have their domains registered out of the country.