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10-16-2008, 09:07 PM #1
Judge issues order in Kentucky v. 141 Domain Names case
Here's an update to this thread: Gambling Domains Seized in America
The judge has now issued an order in the Kentucky v. 141 Domain Names case.
From what I had understand, the judge has ruled that the domain names at issue are "gambling devices." Also, poker is considered to be "gambling." The domain owners have 30 days to install geographical blocks to these gambling domains, and block access to users in Kentucky. If the domain owners prove they have complied with the court’s request, they will be relieved of the forfeiture order.
The final hearing on forfeiture will be heard on November 17, 2008.
Read the update here: Kentucky v. 141 Domain Names Order « The Legal Satyricon
The judge's order can be found at:
http://randazza.files.wordpress.com/...08-ci-1409.pdf
It's very disturbing that the government can intervene like this. I wonder what other cases will follow now that Kentucky has set this precedent.
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11-01-2008, 02:34 AM #2
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Re: Judge issues order in Kentucky v. 141 Domain Names case
That is really stupid. If the people in Kentucky, or wherever else for that matter, want to gamble illegally, that's their problem and they should be punished, not the people who own the domains. It truly is, as Jeff said, disturbing how the government can come in like this...
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11-01-2008, 03:03 AM #3
Re: Judge issues order in Kentucky v. 141 Domain Names case
Thankfully, the iMEGA is seeking to get the action dismissed. Whether they succeed remains to be seen.
It's going to set a very bad precedent if the Kentucky judge's order is not set aside.
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01-21-2009, 12:03 AM #4
Re: Judge issues order in Kentucky v. 141 Domain Names case
*Update*
Good news. iMEGA was successful in their appeal. The Kentucky Court of Appeal ruled that domains are not "gambling devices" and therefore the 141 domain names cannot be seized.
Do you think the Commonwealth of Kentucky will appeal and take it to the Kentucky Supreme Court?
You can find the decision at: http://randazza.files.wordpress.com/...main-names.pdf
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01-21-2009, 01:03 AM #5
Re: Judge issues order in Kentucky v. 141 Domain Names case
Good news indeed! Although it looks like the court took the easy way out by dealing with just a very narrow issue rather than the broader questions facing the court.
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01-22-2009, 08:08 PM #6
Re: Judge issues order in Kentucky v. 141 Domain Names case
The decision has been appealed:
Kentucky Domain Seziure Case Is Appealed To The Kentucky Supreme Court
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