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  1. #1
    The Buzz's Avatar
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    Default A victory for online gambling sites in Kentucky!

    The Buzz has some breaking news to report.

    The Kentucky Court of Appeals filed a decision this afternoon (Tuesday) that prohibits the Franklin County Circuit Court from enforcing its order to seize 141 domain names of Internet gambling operators.

    For a complete look at the court documents, we have posted it at the link below:

    http://www.gpwa.org/news/kentucky_appeals_ruling.pdf

    We have also posted a statement by Poker Players Alliance Executive Director John Pappas, who is obviously very happy about today's news:

    http://www.gpwa.org/article.asp?id=176722

  2. #2
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    Just saw this..

    Great news
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  3. #3
    thisisvegas is offline Former Member
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    Great news but I'm still boycotting Kentucky related products. The attempt to STEAL the domains still caused problems in the industry.

  4. #4
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    Here's the story we just posted on this ruling.

    Kentucky appeals court blocks seizure of online gambling domains

    20 January 2009
    By Vin Narayanan

    In a 2-1 decision, the Kentucky Court of Appeals ruled today that the state could not seize 141 online gambling domains because domain names are not gambling devices under Kentucky law.

    The ruling overturns an October decision made by Franklin County Circuit Judge Thomas Wingate that asserted online gambling domains could be seized by the state because online gambling domains constituted illegal gambling devices that were prohibited by Kentucky law.

    Among the sites targeted by Kentucky were PokerStars, Full Tilt Poker, Absolute Poker, Bodog and Slotocash.

    "This is a tremendous victory for Internet freedom and the rights of Kentucky residents who enjoy playing online poker," said John Pappas, executive director of the Poker Players Alliance, in response to the decision. "We are pleased that the appeals court has forcefully reversed Judge Wingate's earlier ruling and confirmed many of the arguments that have been raised in opposition to the seizure effort."

    Casino City attempted to contact the Kentucky Justice & Public Safety Cabinet for comment late Tuesday, but was unable to reach anyone.

    Judge Michelle Keller, writing for the majority, indicated that ruling the hinged on the fact that of "whether domain names fall within the statutory definition" of Kentucky law.

    "It stretches credulity to conclude that a series of numbers, or Internet address, can be said to constitute a 'machine or any mechanical or other device…designed and manufactured primarily for use in connection with gambling,'" Keller wrote.

    "We are thus convinced that the trial court clearly erred in concluding that the domain names can be construed to be gambling devices subject to forfeiture," Keller added.

    The court also ruled that various Internet gambling trade associations had standing to argue before the court.

    Judge Jeff Taylor joined Keller in the majority decision while Judge Michael Caperton dissented.

    In his dissent, Caperton argued that the Court needed to take a more expansive view of the definition of an online gambling device.

    "The Internet gambling domains serve as addresses which enable the local computer to locate and communicate with the remote computer," Caperton said. "While we see a name on the computer screen, the computer 'sees' a string of numbers. The 'string of numbers' is a necessary component' of the Internet gambling device because without these numbers, the link between the computers could not be initiated and/or maintained. Just as a wire placed into a computer becomes part of the computer, so do the Internet domain names that link remote computers for purposes of gambling become part of the gambling device."

  5. #5
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    Wow...

    1. Obama inauguration

    2. This court ruling

    3. Snow in North Carolina (first snowstorm (more than an inch or so) in about 5 years!


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  6. #6
    The Buzz's Avatar
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    Here's the Lexington Herald-Leader's story on the ruling ...

    http://www.kentucky.com/210/story/665769.html

    and here's the Louisville Courier-Journal's ...

    http://www.courier-journal.com/artic...WS01/901210467

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    Kentucky says they are appealing the decision (this just came in about 5 minutes ago).

    Statement of J. Michael Brown, Secretary of the Kentucky Justice and Public Safety Cabinet, on Tuesday’s ruling related to internet gaming:

    “The Commonwealth will continue its action to protect Kentucky citizens from illegal internet gambling operations, and appeal the recent Court of Appeals ruling to the state Supreme Court. The evidence demonstrated that illegal and unregulated activity is occurring in Kentucky, and that millions of dollars are being lost as a result of that activity, a fact that wasn’t disputed in Tuesday’s ruling. We now have two judges who agree with our position, and two who disagree, so the most appropriate step is to make our case to the higher court.”

  8. #8
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    Quote Originally Posted by vinism View Post
    Kentucky says they are appealing the decision (this just came in about 5 minutes ago).

    What a shame. I guess you keep going until you get the ruling you want.
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  9. #9
    Anti-Corruption is offline Public Member
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    Question

    I was initially happy about it, too, but - is this limited narrow ruling really just a copout? Is it even cowardice in avoiding the more important issues, at worst judicial cowardice and at best judicial evasion? Would that be going too far, or would that be just right? I'm actually not very happy it about any more now, some hours after first learning the news, but it's still of course better than nothing. But all they did was leave the door open to allowing some cockamamie revision of a law or two and then it's theoretically back to square one, hello new seizures all over again, next time even more aggressive and predatory. Will the industry players who so commendably fought this anti-social action and departure from reason, decency and common sense even lose steam, or will they carry on as is needed for both the industry and the larger principles at stake - even the very internet itself?
    Last edited by Anti-Corruption; 21 January 2009 at 11:31 pm.

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    Quote Originally Posted by Anti-Corruption View Post
    I was initially happy about it, too, but - is this limited narrow ruling really just a copout? Is it even cowardice in avoiding the more important issues, at worst judicial cowardice and at best judicial evasion? Would that be going too far, or would that be just right? I'm actually not very happy it about any more now, some hours after first learning the news, but it's still of course better than nothing. But all they did was leave the door open to allowing some cockamamie revision of a law or two and then it's theoretically back to square one, hello new seizures all over again, next time even more aggressive and predatory. Will the industry players who so commendably fought this anti-social action and departure from reason, decency and common sense even lose steam, or will they carry on as is needed for both the industry and the larger principles at stake - even the very internet itself?
    Considering the Appelate Court's job was to rule on Kentucky law, I think they did what they were supposed to do. To do more would have been going beyond the scope of their assigned task, imv.

    The end result we are hoping for won't come in one giant leap, but rather in a series of steps.

    In 2007, the Interactive Media Entertainment and Gaming Association (IMEGA) filed suit against US Atty Gen.
    http://news.justia.com/cases/feature...v02625/203068/

    The Antigua ruling and others will have to be resolved. In additon, citizens will have to take up the fight against the Patriot Act to get things moving. It takes a lot to wrestle away power from the govt once it gets a taste of it. Govts never want to relinquish any power it accumulates, so that this govt will have to be reminded, and fought to be reminded that it has taken away Constitutional Rights.
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