None of the domains seized were mine, and I do not own any gambling site so I have no big horse in the race.

I would note that some gambling companies are public companies and traded on the London exchange and are not run out of the back of someone’s car.

I would also say the reason that they are “located in offshore havens” and “entirely unregulated” is due to the failure of the US government in violation of many WTO orders to allow, AND regulate the industry.

The US is one of the FEW countries in the world that doesn’t allow online gambling (again in violation of free trade agreements) and thereby misses the chance to regulate the industry. Much of the problems you discuss is related to US policy

It is probably the single shadiest e-venture going on in the internet today… You’re talking massive (MASSIVE) amounts of money being funneled to persons who are relatively unknown (in some cases- totally unknown) . The industry itself, for the most part, is located in offshore havens and entirely unregulated (unregulated industry + massive sums of money = inevitable shenanigans. Game rigging and cheating on the software end- by the game provider- has already occurred and likely still occurs. Google “Absolute Poker Scandal”. It was even on 60 minutes)

You have persons engaged in profit funneling schemes (ala Full Tilt Poker and Tiltware) where the profits from the ‘gray area’ gaming operations are pumped back into the shareholders of ‘clean’ shell companies under the guise of “software licensing” and ‘consulting’, etc.

It’s an industry totally rotten to it’s core. The best case scenario is regulation and licensing (to ensure game integrity and proper taxation), however, it seems as though Kentucky will be forcing everyone’s hand.

“The domain names’ assertion of standing hinges on the origination of
this controversy as an in rem proceeding. They claim that since the
Commonwealth named the domain names as the in rem defendants, the names
must have an opportunity to represent themselves .
The domain names’ argument confuses the nature of in rem litigation . It
has long been recognized in Kentucky, as well as elsewhere, that in in rem
litigation, only those with an interest in the property, such as current owners,
have an interest in the litigation.”

I would have thought that if you can sue a domain name itself (the in rem action) ipso fatso (as Archie Bunker used to say..) the domain name should be able to defend itself…

What I am wonder, and maybe someone can proffer an answer, is whether it is now too late for the actual domain owners to appeal, as too much time has passed.

The action was brought by the state in a state court and I’m sure none of the owners of the domains are residents of Kentucky and few probably even live in the US

You can read our original post on it

http://www.thedomains.com/2008/09/22/kentucky-seizes-gambling-domains/