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So far..
Gambling911.com is in Frankfort, Kentucky for the high profile online gambling domain seizure case that has everyone in the industry talking. Throughout the day we will be providing updates from the hearing. (you can scroll down for background information) - Please be registered to ensure you are getting updates live as they come in, otherwise cacheing could be occuring for at least an hour.
10:53 pm EST
Larry Walters has made public he is representing GoldenPalace.com and GoldenCasino.com.
Larry Walters argued "jurisdiction" and questioned the hiring of outside counsel to handle this matter on behalf of the commonwealth.
It should be noted that the Attorney General is not involved in this matter.
Even if domain is property, this was determined under FEDERAL legislation. No registrars are located in the commonwealth.
"Commonwealth is not the proper jurisdiction."
"There must be some attempt to locate the registrar."
10:47 pm EST
An attorney for Greenberg Trauig points out that online gambling is not implicitly illegal in the commonwealth of Kentucky. There are 7 states that do and Kentucky is not one of them.
10:43 pm EST
IMEGA local counsel up discussing the definition of ?gambling devices? as limited to a ?mechanical device?
The legislature: ?Hotel.com? and similar websites were like ?an accommodation business? and Judge Russell said ?Businesses such as these were truly creatures of the future at the time the statute was enacted. Companies have made that leap to reality.?
Since this time, no amendments have been made to apply to domain names or amend the definition of a ?gambling device? to something as intangible as a domain name.
10:20 am EST
Legal counsel for the Internet Gambling Counsel - Defined what a domain is verses what a gambling device is.
Legal counsel for the IGC argued that only a handful of registrars are complying with the court order by handing over certificates to the commonwealth. These certificates are meaningless as the IP address still exists as does the website.
Approximately 10 domain name certificates have been handed over to the commonwealth. The registrars have been trying to find alternatives in order to comply with Kentucky.
10:01 am EST
Legal counsel for the Internet Gambling Counsel:
"Due process imposes limits and this court can not impose them...has not satisfied due process requirements."
Once again the focus was on proper notification not given to registrants or website owners.
"Implications to random these companies for money is that any state can seize a domain name. Any private litigant can seize a domain name. You don't like a sweater that LL Bean sent you, seize their domain name."
9:54 am EST -The Honorable Judge Wingate allowed for the Internet Gambling Counsel to explain how domains work.
"The IP address will remain valid to anyone who wants to type it in. These websites will remain active."
"They (commonwealth) are hijacking domains for ransom. Domain names do not exist in Kentucky. It's just letters on a screen."
"Mr. Foote (the attorney for the commonwealth) knows this."
9:50 am EST
An excellent argument from Mr. Bill Johnson - attorney representing some of the largest online gambling sites - the commonwealth legislature was not given the right to review this matter. Johnson outlined how this case came to be and how proper policy was not followed.
"The commonwealth has not defined public policy here. They (the Governor and his lawyers) want you (the judge) to legislate. This is contrary to the law."
9:11 am EST - Lawyers have begun arriving at the court house in Frankfort, Kentucky. Both of Edward Leyden's navigation systems crashed but he still managed to make it to the court house before anyone else, along with Joe Brennan, founder of iMEGA.org.
Leyden was conferring with local legal counsel.
A little background:
Kentucky Governor Steve Beshear wants to block 141 gambling websites calling them illegal and unregulated. Monday, some of the people who represent those sites fired back calling the governor's action unconstitutional.
"Nobody has been as reckless as Kentucky has on this," said Edward James Leyden, attorney for iMEGA, Interactive Media Entertainment & Gaming Association.
Watch video: Online gambling sites vow to fight effort to block access
Leyden, whose group was founded to foster cooperation between the online industry and government at all levels, and to promote innovation, openness and freedom on the Internet, was just one of the lawyers and representatives of 141 gambling web sites being targeted by Beshear who aren't happy to be in the Bluegrass state again.
"Here's how I react to it. Governor Beshear needs to read the constitution," said Leyden.
Leyden woke up ready for the fight this morning. He was up all night preparing.
Monday night is was announced that the commonwealth of Kentucky had seized a handful of online gambling domain names from registrar GoDaddy.com including UltimateBet.com, DoylesRoom.com and CakePoker.com. These were still up as of Tuesday morning but the commonwealth could pull the plug at any given time as they now control the certificates for these domains.