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Kentucky Internet Casino Domain Name Appeal Set for October

The Kentucky attempt to seize the domain names of 141 Internet casinos is reaching its final ruling, with a hearing set to hear the state's appeal next month before the state supreme court.

The Kentucky Supreme Court has agreed to hear the state's appeal of its defeat in the attempt to seize the domain names of 141 Internet casinos, and has set a date of October 22nd for oral argument to begin. The court represents the last chance for Governor Steve Beshear's move to require forfeiture of the names as a result of illegal gambling.

Judge Thomas Wingate had initially granted the seizure order, finding that online gambling sites operating far from Kentucky still violated state law against using illegal gambling devices. But a court of appeals ruled that the law had been misapplied, as the Internet does not constitute a gaming device, and said the legislature would have to address the subject if online transactions were to be included in the law.

Issues of state jurisdiction and Constitutionality were never addressed in the appellate process, as the points became moot by the decision regarding the law against gambling devices.

“From the beginning, Kentucky law has clearly supported our position, and a win in the State Supreme Court will put the final emphasis on that,” said Joe Brennan Jr., head of chief plaintiff iMEGA. The gaming representative is joined in opposing the law by an assortment of groups defending Internet freedoms and civil liberties.

“We’ve been waiting for this for a long time, and we’re going to win again,” Brennan stated on the iMEGA website.

Published on September 5, 2009 by TomWeston

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