[Press Release] New Info on Domain Name Seizure Case (11/13/08)

November 13th, 2008


[Press Release] New Info on Domain Name Seizure Case (11/13/08)

NEWS RELEASE For Immediate Distribution New Info on Domain Name Seizure Case WASHINGTON, DC. (November 13, 2008) – Several parties involved in the Kentucky domain name seizure case filed briefs yesterday in the Kentucky Court of Appeals, in opposition to the Franklin County Circuit Court’s October 16 ruling. The Court of Appeals is scheduled to review the case on Monday, November 17. Among those who filed briefs are the Kentucky office of the ACLU, Network Solutions, Electronic Frontier Foundation, the Center for Democracy and Technology and the Poker Players Alliance (PPA). Copies of these briefs are available at the Poker Players Alliance Web site. The addition of the ACLU, along with some of the world’s most influential Internet freedom public interest groups, to the list of those in opposition to Kentucky’s action is further evidence of the far-reaching and potentially damaging implications this action could bring. The PPA filed its brief because they believe the court made a gross error in judgment when it ruled that the “essence” of the game of poker was chance. While the State offered no evidence to prove that chance is the essence of the game of poker, those representing the online poker industry and its players provided substantial evidence to the court showing poker to be a game of skill (previous PPA Amicus and an Affidavit from a leading academic issue expert—available upon request). This evidence was apparently ignored by the court and the court failed to conduct an evidentiary hearing—a fundamental principle of legal due process. The judge simply ruled on the point of fact, without the state offering any facts contrary to the substantial evidence submitted by PPA. The issue of whether poker is a game of skill, and thus legal in Kentucky, has support in case law and in science. In summary, the PPA believes that the Franklin County Circuit Court is proceeding quickly toward an incorrect decision that will be costly to the citizens of Kentucky and poker players across the country. The PPA has submitted this brief in support of the request that the Kentucky Court of Appeals prohibit the Franklin Circuit Court from further proceedings that will create irreparable harm to residents of the Commonwealth of Kentucky. The original forfeiture hearing called for by the Franklin County Circuit Court—set for November 17, has been postponed to December 3 to allow time for the Kentucky Court of Appeals to review the case. The PPA, with the support of the other groups involved, is seeking postponement of the December 3 forfeiture hearing to allow time for the Court of Appeals time to consider these new Amicus Briefs. Please contact John Pappas, Executive Director of the Poker Players Alliance, for comment or additional questions. He can be reached at (202) 552-7428. ###

Leave a Reply

You must be logged in to post a comment.