Kentucky's Capitol
(2009-10-22)
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This is one of 141 Internet gambling sites targeted by Kentucky. The state wants to seize the domain names of the sites because it says they illegally allow Kentuckians to gamble away revenue badly needed by the state. The gambling sites argue domain names aren't gambling "devices" and the trial court lacked jurisdiction.
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(CLICK ARROW ON BAR ABOVE TO HEAR TONY'S REPORT)
An appellate court says domain names are not gambling devices as defined by Kentucky law and therefore not subject to forfeiture. But attorney Eric Lycan, arguing for the state, disagrees.
"It is property," Lycan told the court. "A domain name is property that can be seized and can be executed upon."
But attorney Bill Johnson, representing domain name owners, says the case never should have gotten this far in the first place.
"In that the judge - the trial judge - should have said, I don't have jurisdiction," argued Johnson.
At issue are the domain names of 141 Internet gambling sites. The state's trying to seize them because it claims they're illegally siphoning millions of much-needed dollars away from the commonwealth. A ruling from the high court is not expected for several weeks.
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