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Kentucky Supreme Court hearing

10/23/09 - The main focus of industry interest as the week ends was Thursday's Kentucky Supreme Court hearing on whether the state government has the jurisdiction to seize 141 international domain names owned by online gambling companies based beyond the reach of Kentucky enforcement.
 
The appearance of lawyers to give oral arguments backing up previous submissions to the court is the latest in a series of legal clashes following the state's notorious attempt last year to seize and confiscate the domains.
 
The case has to date been aired in a district Kentucky court, before a panel of three judges in the Kentucky Court of Appeals and now before the Kentucky Supreme Court as Governor Steve Beshear's outsourced lawyers attempt to reverse court decisions that have consistently gone against them.
 
Opposing the government's appeal was the Interactive Media Entertainment and Gaming Association, Inc., and the Interactive Gaming Council, two trade associations that have consistently opposed the state's assault on the freedom of the internet and the owneship rights to domain names.
 
In his address to the court on Thursday, Eric Lycan, a private attorney representing the Kentucky Justice Cabinet argued: "They [the domain owners] have been using these [domains] to violate the law in Kentucky. They are subject to forfeiture."
 
Attorneys for the state maintain that gambling over the Internet is illegal, and that the state has the authority to stop it from taking place within Kentucky's borders. They say the companies -- no matter where they're based - should either block Kentucky residents' access or face seizure from the state. And they claim that the domain names can be defined as "gambling devices" in terms of Kentucky law.
 
But, reports Associated Press, the attorneys representing the domain owners disagree, arguing that online gambling isn't illegal in the state because the Kentucky General Assembly has not taken any specific action to declare it unlawful. Furthermore, the state doesn't have jurisdiction over companies outside the state and domain names cannot be described as gambling machines or devices.
 
Attorney Bill Johnson, representing some of the domain owners, argued that the state has improperly mixed civil and criminal elements in the case.
 
"The ultimate issue in this case is whether a domain name is a gambling device under the statute," Johnson told the court. "This case should have never proceeded in the beginning."
 
Attorney Jon L. Fleischaker, who represented iMEGA, said state lawmakers have had the opportunity to make online gambling illegal and have not. Fleischaker also said his clients have not had the benefit of proper due process.
 
"It is mind-boggling," Fleischaker told the court.
 
A ruling from the court is now awaited, and could take weeks or even months.
 
With the completion of the oral argments, the Poker Players Alliance - a players association with over a million members - issued a statement on the issue.
 
"I am very pleased with the arguments presented today supporting the Kentucky Court of Appeals ruling prohibiting the Commonwealth's seizure of these domain names and I strongly believe we will prevail," said executive director John Pappas. "This case is about more than playing poker online – it's about protecting Internet freedom and the individual rights of Kentucky residents.
 
"If the Commonwealth is truly interested in protecting consumers, it should put its energy in licensing and regulating online poker – which would also bring in millions in revenue – versus attempting to banish online poker through such a bold, broad and unlawful seizure.
 
"The PPA looks forward to a positive ruling from the Kentucky Supreme Court and hopes to work with lawmakers in the Commonwealth on the common sense solution of licensing and regulation."

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Gambling News :

Is Gibraltar Out of Luck in US Tax Challenge - Gibraltar's challenge to the UK 15 percent point-of-consumption tax on online gambling operator revenues has already failed in the UK High Court, and it looks as if it may be rejected by the European Court of Justice too.

Quickspin are now available in Denmark - #quickspin The roll-out strengthens the long-standing partnership between the supplier and the operator, with Quickspin games already available on Vera&John’s websites around the world.

UCypher Launches - Indian entertainment and media entrepreneur Ronnie Screwvala has announced the formation of UCypher, an eSports tournament in which ten teams will compete.

Extreme Live Gaming In deal With Betsson - Extreme Live Gaming, a subsidiary of the Novomatic Interactive group, has announced a live dealer product deal with the Betsson online gambling group, with an initial launch planned for Betsson.com, followed by other brands in the Swedish group's portfolio.

Expansion Mode For BoyleSports - The Bambury premises are situated in Kildare, Meath and Dublin and will be refurbished and rebranded after acquisition, with the total of 31 staff remaining in employment..

Safecharge Q4-2016 - Online e-cash processing firm Safecharge, where Playtech's Teddy Sagi is a majority shareholder, released a trading update on its Q4-2016 performance Thursday, flagging record transaction processing volumes and revenues.

ASA Most Controversial Ads of 2016 - Paddy Power's penchant for advertisements that cause a stir saw the betting company mentioned twice in the Top Ten most controversial adverts of 2016 released by the Advertising Standards Authority in the UK Thursday.

Yggdrasi To Enter Italian Gambling Market - Yggdrasil’s Italian offering will include the company's collection of in-game promotional tools, BOOST, improving gamification, and the social sharing tool, BRAG. The company’s mobile product will also be available on its HTML5 iSense 2 platform.

888sport is the latest to join sports betting integrity body ESSA - Major operator 888sport is the latest to join sports betting integrity body ESSA with the company adding its customer base and betting market platforms to ESSA’s global anti-fraud alert and reporting system.

First partypoker live event to be held in Russia - Partypoker’s new live tour will kick off in Russia on March 24, 2017 at Sochi Casino and Resort in association with Club Poker Management. Online Day 1’s will start on partypoker on March 12, 2017.

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