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Lawyers for the Interactive Media Entertainment & Gaming Association (iMEGA) submitted their brief to the Kentucky State Supreme Court, opposing an attempt by Gov. Steven Beshear (D) to seize the rights to 141 Internet domain names.
In addition, iMEGA's attorney's have asked the court to review a video tape of the secret proceeding Gov. Beshear's attorney's used to get property seizure orders for the domain names, without notifying the property owners or giving them the opportunity to be represented.
iMEGA and a coalition of other groups had already prevailed over Gov. Beshear in a 2-to-1 majority decision from the commonwealth's Court of Appeals back in January 2009. The appeals court blocked a lower court's seizure orders. Gov. Beshear wanted the domain names, all related to gambling, to force online gaming firms to block Kentucky residents from using their sites, and to protect the commonwealth's in-state gambling operations from competiton.
"We're very confident the State Supreme Court will reach the same conclusion as the Court of Appeals," said Joe Brennan Jr., chairman of iMEGA. "It's too bad Gov. Beshear wants to keep fighting, but since he's not paying for his attorneys, I guess he doesn't care how long this takes or how much he ties up Kentucky's court with this doomed campaign." Gov. Beshear is represented by two law firms that have taken the legal fight on under a contigency contract, one that gives them up to one-third of any financial windfall that may result from the governor's suit.
The effort to block Kentucky's actions received support from a broad coalition of technology and Internet rights groups, including the Electronic Frontier Foundation (EFF), the Center for Democracy & Technology (CDT), the Internet Commerce Association (ICA), the American Civil Liberties Union (ACLU), the Club for Growth, eBay, Network Solutions, the Poker Players Alliance (PPA) and the Interactive Gaming Council (IGC).
Briefs from groups opposing the Kentucky action are due to the State Supreme Court by June 1st.
