The Kentucky Supreme Court continues to be deliberating the merits of the state's case concerning its attempted seizure of 141 online gambling sites' domain names, but another court has already released a ruling. The English High Court selected October 16th that domain name registrar Safenames and its client, online poker operator Pocket Kings, don't seem to be susceptible to any Kentucky verdict.Judge Michael Furness found that English law prohibits a foreign government from enforcing a law that may be governmental or penal by nature in areas of English jurisdiction. The court also ruled that its decision was by nature pre-emptive, to permit the ongoing of operations by Pocket Kings, during which the web gambling domain name plays a central part.
This judgment establishes that, although the unlikely event occurs that the Kentucky justices rule with the state, the enforceability of the order could rather well end at US borders. Foreign registrars could be within legally established rights to disregard a seizure without jurisdiction, and online gambling sites can't be held accountable to a seizure order on this case.
"We are glad to have provided assistance within the clarification and backbone of the order’s unenforceability within the Uk and effective nullification of the Kentucky Court Order," says an announcement released by Safenames.
The UK verdict is in keeping with legal opinions from around the US and across the world, that have assailed the Kentucky forfeiture case for ignoring the logical precedent, that any jurisdiction can shut down a global Internet business for being available online in that locality. Online gambling industry reps have allied with libertarians and Internet freedom groups to protest the Kentucky action.
Published on October 27, 2009 by JoshuaMcCarthy
Read More... [Source: UK Casinos in the News]
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