Kentucky Domain Name Verdict Delayed

January 27, 2010 | News Category: Gaming Law

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It was thought that the Kentucky Supreme Court would be handing down the decision in the Kentucky domain name court case last week, however no decision was forthcoming.

In October of 2009, the parties involved in the Kentucky domain name case were asked to make oral arguments with regard to their different positions, in front of the State of Kentucky Supreme Court. The six Supreme Court judges heard the arguments, but it was not known exactly when a decision would be handed down from the court.

Governor Steve Beshear outsourced lawyers, who are representing the state of Kentucky, worked hard to try and get a better verdict that would support their position in the case. The case was in fact, like an appeal against an appeal.

In the lower courts, it was ruled that the state of Kentucky had lacked the jurisdiction necessary to seize the 141 Internet gambling domain names that were both registered and domiciled outside of the state itself. The state of Kentucky had attempted to seize the domain names, since they considered them gambling devices, which can legally be seized in Kentucky. Those who oppose the domain name seizure feel that Internet domain names cannot be considered gambling devices. This has been upheld by the lower courts.

Although the rumor mill suggested that a decision would be forthcoming soon, apparently, it is not yet ready to be revealed to the interested parties. iMEGA, along with a number of other organizations, such as the IGC, had expected that a decision would be handed down this past week. It now seems that a decision may not be revealed until late March of this year, still a couple of months away.

The chairman of iMEGA, Joe Brennan Junior, said in a statement, "Everyone was surprised in Kentucky. The rumor mill thought the decision was going to be rendered. That could have been why their (Kentucky) attorneys acted so quickly at the end of December (when the state sought to add new information to its bried), so if they got an adverse decision, they could keep it alive."

Mr. Brennan noted that at this time the nearest possible date available for the busy Supreme Court to hand down the decision would be on March 18th. There are no dates that have been listed for the month of February. Should the decision not be ready by the March date, the options after that date fall out on April 22nd, May 20th, or June 17th.

With the many changes that are likely to take place in the online gambling world, many are waiting to hear what the Supreme Court will rule.