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Kentucky Online Poker Decision Applealed to the Supreme Court

Monday, January 26, 2009

KENTUCKY - As reported by "...The internet gambling industry emerged victorious in a case involving the seizure and possible forfeiture of 141 of its most notable domain names.
  The Kentucky Court of Appeals ruled in favor of online poker sites such as PokerStars, Full Tilt Poker, and UltimateBet, which could have potentially seen their websites inaccessible not only in the Commonwealth of Kentucky, but also around the world. One day later, the Kentucky Justice and Public Safety Cabinet appealed the decision and the case may now head to the Kentucky Supreme Court. A Notice of Appeal was officially filed on Wednesday. The industry, while celebrating this victory, now awaits the next step in the legal process.

The 16 page appeal to the Kentucky Supreme Court pits Justice and Public Safety Cabinet Secretary J. Michael Brown and lower court Judge Thomas Wingate against the Interactive Media Entertainment and Gaming Association (iMEGA), the Interactive Gaming Council (IGC), and lawyers for several of the sites at risk. In October, Judge Wingate ruled that the State had jurisdiction to seize 141 of the world’s largest internet gambling domain names on the grounds that they were “gambling devices” similar to physical items such as slot machines and chips that you’d find in an underground casino. Judge Wingate scheduled a final forfeiture hearing, which prompted iMEGA and the IGC to act prior to an official appeal. The organizations officially filed a Writ of Prohibition, which was granted by the Kentucky Court of Appeals..."

"No timeline on whether the case will be heard by the Kentucky Supreme Court has been given. The Court of Appeals ultimately ruled in favor of the internet gambling industry by a two to one margin..."

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