Online Poker Domain Names Safe During Continuance
- By Mike Morgan
- Published 09/26/08
- Legal Poker News
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Steve Beshear? Governor Steve Beshear's attempt to use a 1974 law allowing Kentucky to seize gambling devices as a means to force forfeiture of Internet domain names was met with a continuance today, as the presiding judge gave attorneys defending online casinos and poker rooms a chance to file briefs. Seven days were granted to properly prepare arguments. Defense attorneys had argued the state had acted ex parte, and they needed to have a chance to respond.
The lawyers representing some of the owners of 141 websites named in the Kentucky complaint asserted that they would strive to convince Judge Thomas Wingate that the court had no jurisdiction and should dismiss the order. However, when none of the lawyers for the defense wished to name any individuals whom they represented, Kentucky prosecutors attacked.
Robert Foote, representing the state, said that the attorneys had no standing in the case without clients, and stated, "A domain name has no right to have a lawyer, only a corporation or person can have a lawyer."
Meanwhile, the Poker Players Alliance filed a brief as a friend of the court, arguing that, regardless of the general decision regarding Internet casinos, poker should not be included, as, being a game of skill, it does not qualify as a game of chance, part of Kentucky's legal definition of gambling.
Although poker is most certainly a game of skill, the PPA rides a fine line. Continuing to distance itself from other forms of wagering may technically serve poker players, but avoids the bigger question of whether government has the authority to limit individual freedoms, or censor the Internet.
Players' Thoughts... 
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said this on 27 Sep 2008 1:49:32 PM EST
As a regular online pokerplayer i can see the reasons behind both arguments.
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said this on 30 Sep 2008 5:03:11 PM EST
I live in Indiana ,accoss the river from Louisville,Ky.
Looks like they are doing this in the dark of night. They didn't go to the 2 largest citys to file this but a small area in Kentucky. I have not seen this in the news papers or TV new in the Louisville area. If they win you will see all States jump on the band wagon. Funny you can bet on horse racing on TV in Kentucky !! Even if you don't play on line beware of what happens to us all if something like this is allowed !! Governor wants Casino's in Kentucky ,maybe he thinks if he stops this people will allow the Casino's , so they can play at those places. Something to think about !! Hey how about taxing all the Bingos in the Bluegrass State !! I bet grandma would be after his butt ! lol |


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