The gambling industry has been at odds over visible and dangerous precedents since Kentucky Gov. Steve Beshear seized 141 domain names as "gambling devices." The lawsuit, which represents Kentucky, said it not only took advantage of this false claim but also did so to protect the state's horse racing industry. The industry was stunned by Governor Beshear's action against online gambling, which was a strong supporter of expanding legalized gambling in Kentucky.
The gambling industry breathed a sigh of relief and joy when a Kentucky appeals court rejected the absurd ruling. On Jan. 20, the court ruled against the Interactive Media Entertainment Gaming Association (iMEGA) in a 2-1 majority vote. The appeals court blocked an initial seizure order issued by Franklin County Circuit Court Judge Thomas Wingate.
The majority opinion included a statement from Judge Michelle M. Keller, who determined that the state could not legally proceed with any forfeiture because the domain name was not designated as a gambling device by Kentucky law.
"[I] gives credence to the conclusion that a series of numbers, i.e., internet addresses, may correspond to "machines or machines or other devices" designed and manufactured to be primarily used in connection with gambling," Judge Keller said, "so I am confident that the court has clearly misconstrued the conclusion that domain names can be interpreted as gambling devices."
Judge Jeff S. Taylor also added that the state cannot actually seek civil forfeiture under criminal law without going through criminal proceedings. Since the state has not prosecuted or prosecuted any of the domain owners in connection with any crime, they have not been able to have legal control over their property, the domain name in question.
Jon L. Fleischaker, one of iMEGA's lawyers, said, "This decision confirms why we filed the lawsuit. We knew that when we referred this to the Court of Appeal, we could get a definition of iMEGA and Kentucky's domain names." 슬롯사이트 순위
The decision was seen as a victory for the online gambling industry, but the situation may not be fully resolved. Governor Beshear has already made it clear that the state will next file an appeal with the Kentucky Supreme Court. The appeal is expected to be heard in April. iMEGA President Joe Brennan Jr. says the lawsuit continues, among other things, due to political and money-based motives.
"Lawyers reportedly invested more than $1 million of their own money in lawsuits like this one based on emergency payments and prepared for other states. If Kentucky had not won, other lawsuits would have been difficult to go smoothly and would have suffered huge losses from gambling."