31 Oct 08

iMEGA Calls The Kentucky Sentence A Judiciary Mistake

The highly esteemed Interactive Media Entertainment & Gaming Association (iMEGA) recently appealed against the decision of the Kentucky court to seize 141 domains of online gaming sites.

The iMEGA, which includes some of the affected sites, filed a petition for an abrogation of the lawsuit, in which it pointed out at least five judiciary mistakes made by Judge Thomas Wingate. Apparently, the judge overrode his powers and made a decision which does not fall into his law area, according to the iMEGA.

In particular, these five points have been listed up:

• As the seizable domains were neither registered in Kentucky, nor are physically located in Kentucky, the state of Kentucky is thus not responsible for these domains.

• "The trial court invaded the province of the Kentucky General Assembly and breached the doctrine of separation of powers by interpreting Kentucky's statutory definition of 'gambling devices' to include domain names." In other words, iMEGA asserted that the court overstepped its duties by attempting to create law by judicial fiat, rather than legislative order.

• The original filing party, Kentucky Secretary of State J. Michael Brown, lacked the authority to initiate the action.

• That since the alleged actions violating Kentucky penal statutes all occurred outside Kentucky, the state lacks jurisdiction. The playing of poker is not a crime in Kentucky.

• There is no basis for a forfeiture under Kentucky law under the cited statute, KRS 528.100, which is a penal statute, not a civil one.

Furthermore, the iMEGA points out to the possible consequences for the international commerce in its appeal, and it is certain that the "appeal court in Kentucky will correct the mistakes of the subordinated court".
PokerStrategy News: Kentucky seizes domains

Kentucky Government: Law KRS 528.100 (PDF)