Kentucky USA has been one state that keeps writers of online gambling news up all night wondering what legislators are going to do next in that part of America.
The state's Supreme Court has issued a surprise ruling on the legal technicality of whether the iMEGA and the IGC had standing to pursue the state after it tried to seize and confiscate 141 international internet gambling domain names, the court ruled that the organizations did indeed not have any standing. The issued statement by the courts bench said, “Although all such arguments may have merit, none can even be considered unless presented by a party with standing. No such party has appeared at the original proceedings in Franklin Circuit Court, the writ petition at the Court of Appeals, or on the appeal here to this Court.” Joe Brennan, chairman of iMEGA commenting on the court's finding, which overturned an earlier court of appeals ruling in favour of iMEGA and the IGC said, “In the written decision, the Court clearly indicates they agree with our arguments and are inviting us to re-file so that the technicality of the standing issue can be resolved. He added, "It’s unfortunate, but I can’t imagine that Kentucky’s lawyers will celebrate a ruling that says, ‘Bring us an owner so we can rule in your favour,'" The lack of standing was because both trade organisations had not disclosed its membership details. The state Supreme Court made mention of the fact that, “Just as with real property, a domain name cannot own itself; it must be owned by a person or legally recognized entity.” This ruling places the writ of prohibition in peril and could open domain owners to the possibility of seizure and confiscation. Brennan said it is probable that if they specify even one owner as a party at risk it would allow the requirement of standing to be addressed and the case could go back to the Supreme Court of Kentucky to be heard without further problems.
