Written by :
Ace King
Published on :
PokerStars parent company, the Rational Group, has filed a motion to dismiss in a 2008 case brought by the commonwealth of Kentucky to seize 141 online gambling domains.
OnlinePokerReport.com obtained a copy of the Motion to Dismiss. They highlight four key aspects of the filing:
- Kentucky doesn’t have in rem jurisdiction over the PokerStars domain. Why? Because both the registrar of the domain and the registry of the domain extension are outside of Kentucky. And because Kentucky was never able to affect seizure or otherwise show control over the domain. More to the point, if the DoJ was able to seize the domain names while Kentucky had a claim on them, the DoJ’s ability to do so moots any claim by Kentucky to have control over the names.
- Kentucky didn’t serve notice properly. As the motion puts it “The Commonwealth never provided REEL nor RIHL with notice, service, or an opportunity for a hearing” – and without doing so, the motion argues, you can’t seize property in relation to a civil action under Kentucky law.
- Domains aren’t gambling devices. This is the most interesting area of the case, for reasons we’ll discuss below. The issue was argued successfully in front of the Kentucky Court of Appeals, who concluded that domains were not gambling devices as part of their larger decision regarding the case. That appeals court decision was reversed by the Kentucky Supreme Court, but on separate grounds – the Supreme Court did not address the issue of domains as gambling devices in their reversal.
- Domain forfeiture would be unconstitutional. On both the federal and state level. Free speech, interference with interstate commerce, state sovereignty and property seizure without compensation.
The full Motion to Dismiss can be found on the OnlinePokerReport.com website here.
- Ace King, Gambling911.com
