The ruling handed down last week by Judge Thomas Wingate regarding the potential forfeiture of 141 internet gambling domain names in Kentucky has grave consequences, according to Ed Leyden, the President of the Interactive Media Entertainment and Gaming Association (iMEGA) and one of the leading lawyers in the case. In fact, the ruling in the case will affect access to the most popular online poker sites not just in Kentucky, but also all over the world.
Many in the industry have been under the assumption that the order by Beshear will only harm those in Kentucky. However, if the domain names are actually forfeited, then they will be inaccessible by any user anywhere in the world. Although an end user does not necessarily have to visit an online poker room’s website in order to use the software on their computer, access to the URL is required to download the program in the first place. Leyden explains what users across the globe could expect if they visited a domain name that was seized as part of the legal action: “The Commonwealth could do with it whatever they wanted to. They’ve indicated that the site will be shut down altogether. They’re not going to take the domain name and just block access by Kentucky residents.”
Leyden claims that an internet gambling site cutting off access to Kentucky residents through a settlement with the State really isn’t an option: “This is not really a choice of giving up access to Kentucky and keeping the other 49 states. That’s like saying if I cut off my right hand, I’ll have my left hand. You’ll still bleed to death in the end. It sets a precedent for any jurisdiction to take action.” Essentially, the State will ensure that Kentucky residents to do not have access to an online poker room by blocking the site for everyone worldwide.
The ruling by Judge Thomas Wingate took many in the industry by surprise, including Leyden, who argues that the decision was simply incorrect. He told Poker News Daily, “We know how hard his honor worked to craft the decision, but we still think it was wrong legally. We think the points that we made were correct, remain correct, and were right as a matter of law. We’re going to do everything we can to make sure that the correct interpretation of the law will be heard.”
In the end, the case boils down to setting a potentially harmful precedent in the internet world. Several online poker rooms already have contingency plans in place. Full Tilt Poker, for example, purchased the rights to FullTilt.com. Entering that URL right now will forward a user to FullTiltPoker.com. Other websites, including PokerStars, have also developed alternative means of soliciting customers. Leyden explains, “There are extraordinary risks going into court next month. The consequences are broad. This is not just an issue in Kentucky. This is the first domino in what could be a very harmful series of events.”
Affected domain names include AbsolutePoker.com, BodogLife.com, BugsysClub.com, CakePoker.com, CrazyPoker.com, DoylesRoom.com, FullTiltPoker.com, ItsRealPoker.com, PlayersOnly.com, PokerHost.com, PokerRoyaleOnline.com, PokerStars.com, PokerTime.com, ReeferPoker.com, RiverBelle.com, RoyalVegas.com, TruePoker.com, UltimateBet.com, wsex.com, and MicroGaming.com.
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Leyden claims that an internet gambling site cutting off access to Kentucky residents through a settlement with the State really isn’t an option: “This is not really a choice of giving up access to Kentucky and keeping the other 49 states. That’s like saying if I cut off my right hand, I’ll have my left hand. You’ll still bleed to death in the end. It sets a precedent for any jurisdiction to take action.” Essentially, the State will ensure that Kentucky residents to do not have access to an online poker room by blocking the site for everyone worldwide.
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If the owners of the domains in question do come to some sort of settlement, of course they can block ONLY Kentucky residents from viewing and/or playing at those sites. It’ll take a little work, but they can set everything up so that their website and poker/casino/whatever software can block a user based on where they’re at in the United States.
Many overseas casinos, sportsbooks and poker rooms that have been out of the USA market since the UIGEA was passed already have something like this in place. If you try to go to those sites and are in the USA, you won’t be able to even load their website.
Of course there’s ways around it, so that Kentuckians can still view the sites. …but I won’t go into those ways. :)
Only in Kentucky, The state with 17 million people and 17 last names.