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kentucky-judge-issues-forfeiture-order-for-132-domain-names/
http://diamondflushpoker.com/2012/03...-domain-names/
Three and one half years after the Commonwealth of Kentucky began proceedings against 141 Domain Defendants in rem, Judge Thomas Wingate has issued an Order of Forfeiture, seizing 132 1 domain names of internet gaming sites that he judged to be in violation of illegal gambling activity pursuant to Kentucky state statutes.
On March 8, 2012, Wingate ordered and adjudged:
The Court finds as fact that no party made any attempt to prove to the court that they installed and implemented software or devices to geographically block users from inside the Commonwealth of Kentucky from their “illegal, unregulated internet gambling websites”.
The Court previously heard evidence from the Commonwealth and determined that probable cause existed to justify the seizure of the domain defendants.
Seizures of the property in rem constitutes notice to any persons that may lay claim to their interest.
No party has appeared with standing to contest the forfeiture or submit evidence.
The Court finds that no lawful owner or claimant of the domain defendants has been identified or is identifiable.
The Court finds that evidence presented by the Commonwealth does establish by a preponderance of the evidence, “indeed by overwhelming evidence”, that the domain defendants are gambling devices and gambling records in violation of Kentucky statutes and therefore can be forfeited.
While the Court considers amendments to the Kentucky statutes that define said “devices”, the court believes that those definitions are only a broad definition and determines that the intent can and does include a domain name.
The Court re-adopts and incorporates its previous conclusions of law and holdings contained in it’s original order of seizure, September 2008 Exhibit B; it’s findings of fact and conclusions of law, September 2008 Exhibit C; and Opinion and Order, October 2008, Exhibit D.
The Domain Defendants, Exhibit A, are hereby forfeited to the Commonwealth of Kentucky.
Plaintiff shall serve to both VeriSign and each Domain registrar a copy of this order.
VeriSign and each registrar shall immediately transfer ownership of each domain defendant to the Commonwealth of Kentucky. The domain names must be unlocked and unencumbered for Plantiff’s use, transfer or direction so that disposition by the Plaintiff may proceed in accordance with KRS 500.090.
VeriSign and the registrars are ordered to direct each domain to the IP address or addresses as will be directed by the Plaintiff or its counsel.
Although the Franklin Circuit Court entered the above order on March 8, there has been a pending appeal already filed with the Kentucky Court of Appeals since November 2011, with appellate briefs due on April 24, 2012.
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Originally Posted by ttwarrior1
