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Kentucky Judge Rules: Forfeit Gambling Domains

They can keep domains if they just block Kentucky!

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 WebProNews has just received the 44-page order and opinion from Franklin County Circuit Court Judge Thomas Wingate regarding the seizure of 141 online gambling domain names.

Like China, Kentucky is now trampling on the freedoms of the citizens of the Commonwealth by blocking domains that are legal in most parts of the world.

Franklin County Circuit Court Judge Thomas Wingate

In essence, the Judge has ruled that the domains related to online gambling operations will be seized by the State of Kentucky unless the sites somehow block access of their domains by those within Kentucky state lines. The Judge, who by all accounts does not understand the Internet, doesn’t care about how this impacts Internet business internationally stating, "This doomsday argument does not ruffle the Court."

Since WebProNews and its parent iEntry, Inc. are based in Kentucky we are sensitive to how this ruling will be perceived in the rest of the country and the world. It’s not like Kentucky doesn’t already have misguided perceptions that we are backward from the left and right coasts in the USA. The Kentucky State Judge doesn’t seem to mind that domains are not gambling devices, and that they are owned by predominantly international businesses where gambling is totally legal.

Also, one would think that the Judge would realize that most of these domains set to be seized don’t actually allow web-based gambling, but rather they link to downloadable software that players can download which don’t connect to the seized domains at all.

The following is the conclusion of Judge Wingate’s ruling thus far and he has set a final hearing on the forfeiture of the domain names for November 17.

 *********************************************

Conclusion And Order


 

 

 

 

We note that Opposing Groups and Lawyers argue any judicial interference of the Internet will create havoc.  This doomsday argument does not ruffle the Court. The Internet, with all its benefits and advantages to modern day commerce and life, is still not above the law, whether on an international or municipal level. The challenge here is to reign in illegal activity and abuse of the Internet within the framework of our nation’s and Commonwealth’s existing common law norms and principles, until express guidelines from sate and federal legislative bodies say other wise.

 

ACCORDINGLY, IT IS HEREBY ORDERED that further proceedings will be held in the instant civil forfeiture action without delay. Moreover, IT IS HERBY ORDRED AND ADJUDGED as follows:

 

  1. The Motions to Dismiss filed on behalf of the Group of 7, the Group of 2, of Interactive Gaming Council, of Interactive Media Entertainment & Gaming Association, INC., are all hereby DENIED.
  2. The Motion of the Interactive Gaming Council to intervene is DENIED.
  3.  The Court’s Seizure Order of September 18, 2008 is herby AMENDED so that any of the Defendants 141 Domain Names, their respective registrants or their agent, or any other person with an interest or a claim who, on or before 30 days from entry of this Opinion and Order, installs the applicable software or device, i.e., geographic blocks, which has the capability to block and deny access to their on-line gambling sites through the use of the Defendants 141 Domain Names from any users or consumers with the territorial boundaries of the Commonwealth, and reasonably establishes to the satisfaction of the Kentucky’s Justice and Safety Cabinet or this Court that such geographical blocks are operational, shall be relieved from the effects of the Seizure Order and from any further proceedings in the instant civil forfeiture action. The Court acknowledges that in ren jurisdiction is not unlimited. Once the domain name is satisfactorily shown as not being used in the Commonwealth for illegal or unlawful gambling, this Court relinquishes jurisdiction.
  4.  Upon showing of proof that geographic blocks and/or such other similar software or device have been installed and are operational by any registrant or person with interest over any of the Defendants 141 Domain Names, the COMMONWEALTH is herby DIRECTED to serve prompt written notice upon the registrar/s and/or  registry/ies of the corresponding defendant Internet Domain Name that the Seizure Order, as to the said relevant Internet domain name, has been withdrawn or rescinded.
  5. The Court hereby sets the final hearing on forfeiture on the 17th of November 2008, at 10:00 a.m./ EST.
  6. The Seizure Order of September 18, 2008 REMAINS IN EFFECT as amended by this order.

 

SO ORDERED, this 16 day of October 2008.

  *********************************************

 

WebProNews will continue to bring you more details in this case. Check out WebProNews Videos as we will have reaction from Pokers Player Alliance.


 

Kentucky Judge Rules: Forfeit Gambling Domains
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  • http://www.pokermaster.net Brian

    After reading that then why should the domain owners figure a way to block KY???? Why can’t the KY ISP"s be ordered to block and filter the domains. Much easier isn’t it? Then the good residents of KY can keep it a local problem and resolve the issue there and not through global domain solutions

  • Antony

    If the domain licencees/registrars/hosts are outside KY. Then what can the court actually do other than issue paper?  They don’t have jurisdiction outside KY and possibly the US.

  • Guest

    This is a misleading artical. The sites being seized have violated kentuckys gambling laws.

    The sites being taken over have agreed to the terms of the ICANN. When they engaged in the illegal activities they broke this agreement.  Whats the issue?

     

    The message is simple, and one that served us well until the times of linkbait and unearned entitlement.. dont break the law

     

     

    • Rich Ord

      The domains are owned by companies where online gambling is legal, as it is in most of the world. If every state or country seized domains that broke their laws, thousands of domains would be seized.

      This is a political issue that the Democrat Governor of Kentucky is using to curry favor from the horse gambling industry. It is as simple as that.

      Thanks for your comment.

  • http://www.seoserpent.com SEOserpent

    This just amounts to judicial censorship.  Anyone want to burn some books about gambling while we’re at it?

  • Guest

    Some idiot can’t understand the law and posts on the internet about it.  STOP THE PRESSES!

  • http://www.websiteadvice.com/blog Scott Clark

    The gambling organizations are among the most innovative and sophisticated businesses on the web. 

    Could it be the gambling organizations deliberately fanned these flames in KY knowing the state’s history of flamboyant enforcement attempts would help set a precident in their favor?  A state appeal or supreme court defeat would seem to be unavoidable – and the gambling entities know it.  But then they have a court decision (KY Supreme court) to point to when suits are filed against future expansion.

     

     

  • Guest

    Why dosen’t Kentucky just succeed from the Union?  Most f the rest of the country wouldn’t miss it.

    • safty joe

      The fact that kentucky is full of over worked under paid because FACE IT How many people have the time and education. It’s like court (if the judges don’t keep people being herded into jail terms the lawyers get togther with there money and will buy the guy out of office.) Thats just small potatoes compared to the revanew from gambling. Face it folks the law says you can grow pot if you buy a tax stamp than made it illegal to buy the tax stamp.And Sumerset Ky went wet by an ol rule that anything you can grow in Ky and use one process to make the item sellable.Gatewood seen the limitations of oil and drove the  hemp mobile to the derby in the 90′s  everyone in Kentucky should have there ankles switched every day for being SPINELESS.

  • Can’t be Done!

    Seizure can’t really be enforced at any point. Because if these states are outside of KY. Then KY has nothing to do with it. The judge clearly knows nothing about the internet. Even if they block the whole state of Kentucky there are proxy servers. The judge is clearly an idiot. What he should do is just order that the entire state ban computers, internet, cell phones, and go back to the way things obviously were in his day.

    A supreme court would rule against this there’s no doubt about it. I wonder *taps head* did this judge lose his life savings to online gambling and now has a bug in his butt to take those domains for himself. *laughs* Food for thought.

  • Guest

    Next he will be complaining about animal cruelty when a horses head is found on his pillow….

  • http://cheapbrighton.com DaveP

    Surely using this argument, China cold theoretically call for the seizure of all domains that have critisized the regime!

    Ignorance of the judiciary should not be a defence.

  • Guest

    This says it all about how some judges grow watermellon heads and try to shove their power in areas they have no authority to do so. The Internet is the Internet, not a building at the corner of Grass and Stump Lane in Hokeyville Kentucky. Just another case of too much power being granted to an antiquated thinking Judge. Enough is Enough, Kentucky needs to mind their own business and stop trying to circumnavigate the World. They need to stick to shoveling their horse manuer. 

  • http://rdesgr.com/WhatsAllThisThen Anon A. Mus

    …can a judge or state seize a domain name?  Just exactly what happens?  Does the site become blocked from all world wide access?  I could see if the server resides in the state.  Then it’s a simple matter of the state police goose-stepping their way into the building, seizing the computer and arresting the owner.  But other than that scenario, what does ‘seizing a domain name’ actually mean?

  • tom

     Another stupid judge.  He needs to be fired.

  • http://www.BetWinSports.com Bet & Win on Sports Online

    Kentucky, home of the KENTUCKY DERBY — one of the biggest gambling enterprises in the world! (and therefore immoral and illegal on so many levels, to so many states, municipalities and government entities, not to mention the other religious fanatics who would, like the fascist old cooter in KY, impose their notions of morality and legality on everyone else ….)

    Just more southern ignorance, fascism and unconstitutional stupidity.

  • http://www.hobotraveler.com/blogger.html Andy of HoboTraveler.com

    Hello, the comments here are hillarious. I am not a lawyer, however there are two parties here, the state of Kentucky against the Gambling sites. The state of Kentucky does not appear to allow gambing within the state of Kentucky. There is Gambling done by people inside the state of Kentucky.

    It will be interesting to see how this turns out in the higher courts, I tend to believe the judge’s ruling is proper. It is analogous to child sex sites are they allow in Kentucky? I am sure there are countries that allow them, however I do see most people generally allowing them.

    Truly a hilarious read.

    Thanks you made my day.

  • Billbob thorton

    this will be over ruled in a higher court, its just that simple. There is no way you can pin down gambling when there are way too meny other sites in ky that are breaking the law. what are yopu going to do make it open season in KY for anything that moves on the internet that mite be illigal or looks like it could be. Yeah let see what the Higher court rules in Nov on the 17th. Hillbilly jackass judge thinks he can do about anything looks like but watch what happens here. Watch Close.

  • A higher court the people

    Wow really what about all those illigal software sites and lets get those porn sites too o wait but theres more, if your only going after casino sites thats showing predigous and bios. that your just leaning on the gambling indutry but you dont want to really go after the porn industry or the software copywrite violation laws that are being broke which are causing losses in income to the great people of KY "wow really", Well better send the FBI to the state of KY there going to have to clean up the intire state. wonder whos going to pay for that, the Judge? wait the tax payer will . we pay for everything else, dumbass rulings like this is why judges are voted out of office you should really think about it.

  • http://www.dollarguides.com Dollar Guides

    Just more politics it sounds like.  There’s usually a motive for judgements like this.  Does the gambling domains really break laws, or is the state trying to protect it’s horse racing profits?

    • jeff Ward

       I make my living gambling on the internet. In my opinion, its only a problem if you are an idiot.  Those who become addicted would become addicted to the lottery or horse betting if the internet was not available.  Does KY have a lottery?

       

      The real problem is that noone from the internet gambling sites is donating to the right parties.  If gambling is made illegal, then it all has to be illegal.  No more lottery, no more horse tracks, no more stock market.  Let be fair, poker is not the problem, fools who become addicted to the easy way are the problem.

  • Guest

    Don’t bet on the supreme court overruling anything . Remember majority in the congress and senate and it looks like soon to be president are democrats . I believe they are the same party that started pushing the internet gambling law under the patriot act bill

     Oh yeah we do have Barney Frank that is pushing aganist the bill ,what a laugh come to find out he has abunch of pork barrell for his state and cornies attached to it

     Once the sites are siezed then they can no longer be used make it simple what has happened is the sites have been hijacked and when you click on it either you will be sent somewhere else or it will say 404 eror site not found or something along that line

    Yes the court may be in its right to do this but dont do it for your own self gain ,which will probably turn out to be if intenet gambling becomes taxable . It is legal to gamble on line it is just ilegal for a credit or debit card to be use

  • Guest

    Back in the ’80′s there used to be a satellite porn channel called "American XXXstasy" broadcasting in the clear.  The state of Alabama ordered it to cease broadcasting, and the station was forced to shut down operations, as it was impossible to block its signals to Alabama. Once scrambling was implemented, the porn stations were back.

    This strikes me as a similar situation..  it seems to me the solution would be to simply force everyone to register for these sites, and certify they are NOT from the state of Alabama.  This seems to work for sites that make you say you are over 18.

  • Johnny Punish

     

    What do you knuckleheads expect ya’ll?

    The USA is falling backwards into a recession and they have NO answers.  The wholesale inability to cope with global business is part and parcel of the problem. 

    Until the American populace and it’s leaders grab on to the future, they won’t be part of it.

    YOU CAN’T STOP GAMBLING, DRUGS, or PROSTITUTION! 

    That’s naive. 

    The best you can do is regulate it, make it safe, and educate your populace by building it’s collective core values so that engaging is such folley is repudiated by the tribe.

    The idiocrazy who thinks they can just make things illegal and they will go away has failed miserably as they should. 

    It’s time the USA join the NEW WORLD ORDER and do so responsibly with respect for humanity and it’s brethren.

     

  • Guest

    Kentucky has one of the highest rate of prescription drug abuse in the nation.  Nonetheless, the Governor has decided that it’s not the Oxycontin and Vicodin but the Texas Hold ‘em that the good citizens of the Commonwealth need to be "protected" from.

    Personally I think they may need to be "protected" from legislators and policy makers that have no earthly idea what they are talking about in terms of the Internet. 

    In the process of pandering to the Horse Racing Industry (the industry he pissed off when he campaigned on a platform of bringing Casinos into KY) he is making the entire state a laughing stock.

     

     

     

     

     

  • http://www.smartgambling.com/ Gambler

    The current situation is ridiculus. Estalished companies like 888, partygaming and playtech are avoiding U.S. players while other companies which are not regulated at all take all the profit.

    Instead of just blocking access, we should regulate the gambling business which will attract gamblers anyway and at any cost.

  • Allen

    Kentucky went to the courts to sue Kentucky Fried Chicken and every other business that uses the word Kentucky in it’s name.  They wanted everyone to pay a royalty for using Kentucky, but Kentucky Fried Chicken said forget it, and that’s why they are now KFC.

    About whether the democrats or republicans started the current internet gambling law, it was a republican that stuck it in an unrelated bill that had to get passed that same evening.  A lot of the senators didn’t even know it was inserted.

    Also, the bill was passed in October, 1996 when there was a republican senate, house, and president.  The democrats didn’t get into power until January 1997.

     

    Dem Barney Frank has been working tirelessly to overturn the gambling ban, while at the same time forming a committee to research legalizing internet gambling in the us.

     

     

  • Loki

    Gambling, prostitution, and drugs…are only against the law because the tax departments haven’t figured out how to regulate, tax and collect on them. These items are just like when prohibition laws were set, it was all over taxes. Once they figured out how to regulate and tax liquor, then it was legal to make and drink booze.

    As for internet gambling, it’s almost identical in nature. The higher ups who want to tax everything still haven’t figured how to regulate, control, tax and collect for online gambling. Once they do, and they are working on it, it will be legal to gamble online.

    The close exception to this rule is Nevada. They have the prostitution taxing figured out as well as the gambling. The drugs…well that’s yet to be seen but who knows what the future will bring.

    This type of mass-control and abuse of power is exactly what the South was fighting against in the Civil War…NOT slavery (1861-1865). Slavery was the Northern politician’s cover story (excuse) to make justification for the war and to hide their bigger plan of mass controlling every state. (Hitler had a cover story too for his actions – Jews) They knew that slavery would have been obsolete and unprofitable with time; the invention of the cotton gin (1793) was the beginning of that era. Modern technology is the replacement for human labor and interaction.

    How odd, the Civil war began about the time the Cotton Gin, along with more modern farming equipment, were replacing slaves in Southern plantations for a more profitable and less cost operation. If slavery would have been deemed unprofitable and abandoned in the Southern states due to modern technology, then the North wouldn’t have had an excuse for the war. Hummm…look it up.

    The reason for the Civil war comparison is that the more power you give an entity, the more power it wants. This is very true with government, senators, judges etc. etc..The power of government is CONTROL. How much control is dependant on what slips through the cracks in the form of bills that get passed into laws and hidden agendas. Until we come up with a better way to inspect every bill for "pork" and stupidity that passes through congress and to screen every elected official for their hidden agenda, we will have the same problems.

    I wonder what ties this judge has with anyone in the horse racing industry??? Something to look at.

    Take care of yourself and each other. (Jerry Springer)

  • Guest

    They allow gambling here. at race tracks (Keenland, Churchill Downs, and satelite sites), lottery, and "land" bingo halls.  They just don’t want our $$ going out of state it seems. 

    The web sites have simply removed KY as an option during the sign up process.  Banks block the sites after 1st dep attempt, but now there’s pre-paid cards which seem to go right through.  Next we’ll be able to sign up using the surrounding states.  Then eventually all states will be banned. They can’t stop it – so they oughta just give up.

    Now I have a headache, b/c I wanna play and "they" say I can’t.  It’s my $$, I worked for it and should be able to spend it how ever I want.

  • Guest

    I agree with everyone! But it is obvious that kentucky is behind other states as far as technology and everything else!  They obviously need to take the time out for training or something!  How can the judge lay down a law when he has no clue what hes doing when it comes to the internet?  KY was probably better putting a highschool graduate on the case!

    • kim

      this state is a total joke what do they think that they are accomplishing ? bingo . scratch offs. pull tabs and the powerball and so and so forth are all gambling. if they wantto make it to where we cant play online than they need to take the rest of it away . they are just stupid someone from out state needs to sur them see of they like that

  • http://www.rankbetterseo.com/seo-web-design.php web design company chicago

    These websites are going to have to do "cloaking" IP delivery to accomplish this.. what would Google do?

  • http://www.bagainer.com/?p=36 Mitch Shillings

    Excellent blog here! Also your website loads up fast! What host are you using? Can I get your affiliate link to your host? I wish my site loaded up as fast as yours lol

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