KY Slippery Slope Averted
by Danny McPhersonThe State of Kentucky Court of Appeals yesterday overturned(pdf) Franklin County Circuit Judge Wingate’s ruling that resulted in 141 gambling domain names being confiscated in September of 2008(pdf). Judge Wingate had said the names constituted “gambling devices” subject to the court’s in rem jurisdiction, however, the Court of Appeals ruled:
Suffice it to say that given exhaustive argument both in brief and oral form as to the nature of an Internet domain name, 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.” We are thus convinced that the trial court clearly erred in concluding that the domain names can be construed to be gambling devices subject to forfeiture under KRS 528.100.
The Court of Appeals also found the “analysis of the subject matter jurisdiction in the case remarkably similar to the analysis set out by the Supreme Court in J.N.R. v. O’Reilly,. 264 S.W.3d 587 (Ky. 2008). In that case, the Supreme Court concluded that the General Assembly’s decision to enact a narrow definition of “out-of-wedlock birth” deprived the family court of subject matter jurisdiction to rule upon a putative father’s paternity petition. …” It goes well on, but I’ll take their word for it.
Anyway, I believe this is a big deal, and a good thing, and that the KY Court of Appeals did the right thing, and I’m happy some folks finally thought about it. What legalese they cite to back it up, I’ll leave entirely to their devises…
I first heard about the incident on EKR’s blog here back in September of 2008, and was alerted to the recent ruling via Goodin’s “Fried chicken state self-corrects“.
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