It's All Wrong
The announcement that iMEGA has won the right to a hearing in the Kentucky
appeals court is welcome news for the online casino gambling industry. The
Kentucky case has caused international controversy even outside of the internet
gambling industry because of the wide-sweeping implications that this case could
have on Internet commerce as a whole. Allowing the Kentucky State government to
confiscate the domain names of foreign registered domain names – even if they
are online casinos or internet gambling related sites, is a bit out of the
jurisdiction of the state. If Kentucky eventually succeeds in seizing the domain
names this adds a whole new threat to business and industries that rely on
e-commerce.
The you have to look even beyond the fact that Judge Wingate’s ruling puts the
state way out of its jurisdiction if it confiscate the domain names of foreign
listed and operating online casinos. The simple fact of the matter is the ruling
also violates existing Kentucky State laws and is motivated by greed. The state
has acknowledged that beyond just seizing the domain names for the purposes of
blocking the online casino gambling sites, the state would also hold the domain
names as a way to force the gambling companies to pay fines for previously
operating within the Kentucky market.
The entire situation just smells fishy and it’s a wonder that the Judge Wingate
found the grounds to even agree to the domain name seizure in the first place.
It is very unlikely that the ruling will stand up as it goes through the higher
courts in Kentucky, but in the meantime many online casinos are restructuring
just in case they have to face the courts in the coming months in a forfeiture
hearing. |