If there has ever been a case of "internet
controversy" in the courtroom, consider the online
gambling industry a main topic of interest. Especially
these days in the U.S., where the fledgling Unlawful
Internet Gambling Enforcement Act (UIGEA) gets talked
over daily by members of Congress, controversy and
online gambling often hand in hand. Only now this
controversy isn't being contained on the Federal level.
For instance, take the State of Kentucky, where State
officials have opened a court case against a small but
powerful circle of online casinos, including the popular
Golden Casino. Seeking to have these sites ordered
to forfeit their 141 online gambling domains (registered
through GoDaddy), as well as some retroactive financial
compensation, some would say that Kentucky doesn't have
solid ground to stand on.
Kentucky Justice Secretary J. Michael Brown said the
case is warranted by a 1974 law that allows the State to
seize illegal gambling devices. And in this instance, he
claims the domain names held by online entities like
Golden Casino are illegal gambling devices. Lawyers
representing the defendants, however, are seeking a
continuation of their brief to County Judge Thomas
Wingate in an effort to show that court has no
jurisdiction in such matters and that the case should be
dismissed.
Powerful online gambling activists like the
Interactive Gaming Commission (IGC), Interactive Media
Entertainment and Gaming Association (iMEGA) and Poker
Players Alliance (PPA), however, have filed briefs of
their own, including a Motion to Dismiss. But whether or
not the case does get dismissed largely depends on the
legal standing of those involved. And this is where
things get very sticky.
Lawyers for Kentucky say that in order for the
defendants to have legal standing, the owners of the
online casino domain names must be named and identified.
However, lawyers for the defendants haven't said a
word...just yet. Judge Wingate went on to say that
lawyers would have to "eventually pony up" and divulge
the names of the online casino owners. And so long as
they do, and provide the financial compensation Kentucky
is expecting, the State will not shut down the domains.
I suppose you could call that bribery at it's best.
And apparently it's working. The two sides are said to
be in talks and negotiations right now. It appears the
best case scenario for Golden Casino is that they pay up
a hefty fee to the State and abide by a cease and desist
order of doing business with Kentucky residents. Golden
Casino has said that current account holders should not
panic nor worry, and that all funds are safe and
protected.
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