The Court of Appeals in Kentucky has granted a motion to stay on the forfeiture hearing for the 141 gambling domains that were
seized by the Commonwealth of Kentucky. The hearing, originally scheduled for December 3, will now take place on December 12.
The motion to stay was filed by the
Interactive Media Entertainment & Gaming Association (iMEGA) and joined by a narrower petition filed by the
Interactive Gaming Council (IGC). According to
iMEGA’s website, “both groups contended that the lower court lacked jurisdiction to order the domain seizures. iMEGA contends that the lower court misapplied Kentucky’s specific ‘gambling devices’ law in order to provide a rationale for permitting the seizures. iMEGA also argues that Kentucky’s actions violate the Commerce Clause of the US Constitution, and that [Michael J.] Brown [Kentucky’s ######### of Justice and Public Safety] lacked the authority to initiate the seizure act in the first place.”
“We’re pleased that the Court of Appeals has given us the opportunity to challenge these seizures,” stated Joe Brennan Jr., iMEGA’s chairman. “The commonwealth has tried to take these domains for their own financial gain, violating Kentucky law, exceeding their jurisdiction, and setting a terrible precedent in the process.”
Aside from iMEGA and IGC, a number of other organizations have joined the fight against the seizure including the Poker Players Alliance, the Electronic Frontier Foundation, the Center for Democracy and Technology, Network Solutions, and the Kentucky office of the American Civil Liberties.
iMEGA has been persistent in fighting the forfeiture and had previously
pushed for the case to be dismissed in its entirety, but that motion was denied.
[via
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Original post by
Chad Kettner More...
Motion to Stay Granted in Kentucky Domain Name Seizure 
11-17-2008, 10:32 AM
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