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They Aren't Devices

The online casinos and domain name registration companies have walked a fine line over the past several weeks – lawyers representing the interests of the gambling companies and related sectors of the industry have made their case before Kentucky’s Franklin Circuit Court concerning legislation that could have a very negative affect on the 141 online casinos on the state’s announced list of domain names in violation of Kentucky law. Governor Beshear’s legislation was prompted by purely protectionist ideals – the state is looking to stop losing horse race betting revenue to the online casino betting and gambling companies.

The lawyers representing the state have consistently argued their right to confiscate the online casino domain names as a result of a very old law that authorizes the state to seize illegal gambling devices. The only problem with that argument is that is relies solely on the courts agreement that the domain names are a “device” and thus up for grabs – many in the industry are betting that this argument just wont fly.

The opposition to the online casino domain name seizure has sent in numerous legal briefs on the fact that domain names are not devices and this is a key argument from those representing the internet gambling industry. The only real way that Judge Wingate will side with the state is if he agrees that a domain name can be considered an “illegal gambling device.” Another key argument from the internet casinos is the fact that the Kentucky lottery allows internet-based lottery gambling…and this is still legal? The opposition notes that banning internet gambling without stopping the internet lottery is inconsistent and unsound government policy and hypocritical.