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Full Tilt Poker Immune From Kentucky Domains Case

Thursday, November 5, 2009, By Anthony Brown

Over the past year we've reported periodically on the Kentucky Domains case, in which Kentucky Governor Steve Beshear seized the domains of 141 casino and gambling related websites. The seizure was initially successful at a local level, using an extremely broad interpretation of anti-gambling law that banned the use of gambling devices.


However, on appeal a three judge panel found that the original court's interpretation of a web site's domain name was a little broad, and overturned the ruling. This time, Kentucky appealed, and the case went to the Supreme Court.


Arguments have now begun in the Supreme Court case, but it will be a while before we know the outcome. In the interim, there has been some interesting movement on the other side of the pond.


Full Tilt Poker's website is one of the domains listed in the court case, but luckily for them, it's not registered anywhere in America. Instead, it's held by Safenames Limited, a UK-based domain registrar. And is thus under no obligation to obey an order from Kentucky to hand over ownership of the domain.


Full Tilt was not waiting around to hear the outcome of the Supreme Court Case. Instead, it's been demanding assurances from Safenames that should the ruling go against them, they won't comply. And since Safenames wasn't able to commit themselves one way or another, Full Tilt took the issue to court.


With rather resounding success.


Representatives for the State of Kentucky failed to turn up. Nevertheless, the lawyer for Full Tilt offered both sides of the argument in the interests of fairness, and Judge Michael Furness ruled in favour of Full Tilt, stating that Kentucky's laws are not enforceable in the UK.


This means that even in the unlikely event that Kentucky prevails at the Supreme court, Full Tilt keeps its name.

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