It's been a while since I've
blogged, so forgive me.
The worst part about taking time off from blogging is knowing how to
get back started. If a story breaks during your hiatus, then you are
torn between re-hashing old news or looking like you missed the story
completely. At least I've been helped by the fact that the last month
has been a generally slow time for news surrounding the online gaming
industry.
The biggest news of the last month has generally been coming out of two issues...
The settlement between the DoJ and PartyPoker founder Anurag Dikshit,
and the seemingly never-ending saga in Kentucky regarding the domain
seizures.
Since I've
already discussed the Dikshit situation, I should probably forget about it for now, although I must admit that I love typing the word "Dikshit".
Dikshit. Dikshit. Dikshit.
OK, that's enough. Let's jump right into the Kentucky story, shall we?
In case you were not aware, it all started back in September when the
governor of the backwards state of Kentucky decided that he was also
the governor of the Internet. Without any provocation, he filed a legal
request to
seize 141 gambling domains,
simply because they were available in Kentucky and he didn't like the
fact that they competed with Kentucky's horse racing industry. But the
truly remarkable part of the story is that he actually found a judge to
sign the order. Thus, by the judges decision, any domain can be
considered a "gambling device".
Shortly thereafter, a number of interested parties appealed that
ruling, but found their arguments useless in the face of a judge who
apparently believes that the
laws of Kentucky apply to the rest of the world.
But the door was still open for appeal, and hopefully a bit of common
sense. The issue was taken to the Kentucky Court of Appeals, which
delivered it's decision last week stating that, indeed,
Kentucky cannot seize Internet domain names.
Finally, a bit of common sense. The appeals court ruled against the
initial decision on a number of points, and stated, "It stretches
credulity to conclude that a series of numbers, or Internet address,
can be said to constitute a 'machine or any mechanical or other device
... designed and manufactured primarily for use in connection with
gambling,' "
But it is not all over yet. The ruling left a few loopholes for the state to continue it's quest for Internet domination.
The first is a simple appeal of the ruling. While it is unlikely that
they'll be able to convince the appeals court to overturn their own
decision, it is not out of the question, and
Kentucky has already filed its appeal.
The second route would be for Kentucky to simply change its definition
of the term "gambling device", to include Internet domains.
That's right! It's that simple! If the law doesn't agree with the
governor of Kentucky, then he can just change the legal definitions to
fit whatever he wants.
Hey! Do you want to change the definition of anything? Go to Kentucky.
For instance, if you decide that you want the world to be flat, then
just go to Kentucky and ask them to define the word "flat" to be "a
smooth, even, level
(or rounded) surface".
There. Done. The world is now flat.
Hmmmmm, I wonder if I can get Kentucky to re-define the meaning of "marital fidelity" to allow me to... aww, forget it.