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Kentucky v. 141 Domain Names Order

The order in Kentucky v. 141 Domain Names has been issued. As my firm is involved in this case, I can not comment too deeply on it. However, here is an outline of notable points in the ruling.

  1. Domain names are “property” subject to seizure. The court relied on the holding in Kremen v. Cohen, 337 F.3d 1024 (9th Cir. 2003). See Order at 12-15.
  2. The Kentucky Court has jurisdiction over the domain names by virtue of the Court’s holding that the domains have a “presence” in Kentucky. See Order at 15-22.
  3. The domain names are “gambling devices” as defined under KRS 520.010(4)(a) & (b) since they allow Kentuckians to access gambling services. See Order at 22-25.
  4. Poker, despite having significant elements of skill, is still “gambling” and a game of chance. See Order at 25-26.
  5. Any domain names that block access to Kentucky residents are to be relieved of the forfeiture order. See Order at 39-40.
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