POKER ROOM REVIEW NEWSWIRE

The ACLU Among Others Join Domain Name Seizure Case

Several parties involved in the Kentucky domain name seizure case filed briefs yesterday in the Kentucky Court of Appeals, in opposition to the Franklin County Circuit Court’s October 16 ruling. The Court of Appeals is scheduled to review the case on Monday, November 17. Among those who filed briefs are the Kentucky office of the ACLU, Network Solutions, Electronic Frontier Foundation, the Center for Democracy and Technology and the Poker Players Alliance (PPA).

The addition of the ACLU, along with some of the world’s most influential Internet freedom public interest groups, to the list of those in opposition to Kentucky’s action is further evidence of the far-reaching and potentially damaging implications this action could bring. The PPA filed its brief because they believe the court made a gross error in judgment when it ruled that the “essence” of the game of poker was chance. While the State offered no evidence to prove that chance is the essence of the game of poker, those representing the online poker industry and its players provided substantial evidence to the court showing poker to be a game of skill.

This evidence was apparently ignored by the court and the court failed to conduct an evidentiary hearing—a fundamental principle of legal due process. The judge simply ruled on the point of fact, without the state offering any facts contrary to the substantial evidence submitted by PPA. The issue of whether poker is a game of skill, and thus legal in Kentucky, has support in case law and in science.

In summary, the PPA believes that the Franklin County Circuit Court is proceeding quickly toward an incorrect decision that will be costly to the citizens of Kentucky and poker players across the country. The PPA has submitted this brief in support of the request that the Kentucky Court of Appeals prohibit the Franklin Circuit Court from further proceedings that will create irreparable harm to residents of the Commonwealth of Kentucky.