iMEGA Member Comes Forward, Gives KY Supreme Court Chance to Decide Domain Case - iMega Discussion -

joe@iMEGA · 03-24-2010, 01:00 PM

http://www.imega.org/2010/03/24/imeg...e-domain-case/

iMEGA Member Comes Forward, Gives KY Supreme Court Chance to Decide Domain Case

March 22, 2010 - Attorneys for iMEGA filed a motion with the Kentucky Court of Appeals to stay an attempt by the Commonwealth to seize the rights to 141 Internet domain names. The motion comes in the wake of a decision by the state's Supreme Court last week, which found that iMEGA and the Interactive Gaming Council lacked standing to contest Kentucky's actions until they came forward and provided the court with proof that they in fact represented the domains' owners.

The Supreme Court asked that iMEGA and IGC to file affidavits, asserting that one or more of their members were the owners of an affected domain name, so that the Court could then make a ruling on the merits, which many experts believe favor iMEGA and its members.

iMEGA's attorneys filed two affidavits to satisfy the Supreme Court's request. The first affidavit was on the behalf of Yatahay Limited, a company that owns the rights to the domain name "TruePoker.com". Yatahay Limited declared their membership in iMEGA, making it the first company to come forward and identify itself as an affected party.

The second affidavit was on the behalf of iMEGA's chairman, Joe Brennan Jr., confirming TruePoker.com's domain rights holder as a member of the trade association.

The declarations of membership in the affidavits satisfy the standing requirements outlined in the state Supreme Court's decision. In its intermediate ruling, The Court stated that iMEGA's arguments against the seizure of the 141 domains were strong, but that the association must first meet the standing requirements before their arguments could even be considered.

"The owners of the "TruePoker.com" domain have taken a big step on the behalf of the industry and players," iMEGA's Brennan said. "We've overcome the technicalities that gave the Commonwealth their short-lived victory. The Court can now make a decision based on Kentucky law. Based on the language of the decision last week, we know the Court wants to do just that. We know that the law favors us, and frankly, so does the Commonwealth's attorneys."

iMEGA's attorneys also made a motion to have the matter immediately transferred back to the Kentucky Supreme Court, as was recommended by the Court in their decision last week. In that decision, the Court also said that additional briefings or arguments were not needed to make a ruling on the merits, another sign, along with the Court's recognition of the strength of iMEGA's arguments, that has led experts to say the Court is likely to rule in favor of iMEGA and the rest of the affected parties.

"The Commonwealth's attorneys knew they were lucky to get this one into overtime," Brennan said. "It's time to put them away."

Links
iMEGA v. Wingate & Commonwealth of Kentucky (PDF format)

Motion for Intermediate Relief - iMEGA v. Wingate & Commonwealth of Kentucky (PDF format)

Motion to Transfer: iMEGA v. Wingate & Commonwealth of Kentucky (PDF format)

Skallagrim · 03-24-2010, 01:35 PM

Nice work Mr. Brennan.

And a special thanks to Yatahay Limited too.

Skallagrim

**Kevmath** · 03-24-2010, 03:19 PM

So this action would bring the KY domain case back to their Supreme Court, would there be another hearing before the justices?

GrindUnumb · 03-24-2010, 03:35 PM

Props to TruePoker!!

Skallagrim · 03-24-2010, 03:38 PM

Quote:

Originally Posted by Kevmath

So this action would bring the KY domain case back to their Supreme Court, would there be another hearing before the justices?

Nope. The KY SC said directly that if the standing issue was fixed the matter could be directly returned to them and no further hearings or briefs were needed.

Skallagrim

**TheEngineer** · 03-24-2010, 05:24 PM

Well done TruePoker!

JQPublic777 · 03-24-2010, 06:36 PM

Quote:

"The Commonwealth's attorneys knew they were lucky to get this one into overtime," Brennan said. "It's time to put them away."

What a badass saying

**PokerXanadu** · 03-24-2010, 10:18 PM

Quote:

Originally Posted by TheEngineer

Well done TruePoker!

+1000!

But note to readers: TruePoker.com (Yatahay Ltd.), the web site, is not connected to the TruePokerCEO, the cantankerous 2+2 poster. There was a connection in the past, but only well before the KY court case.

BigAlK · 03-24-2010, 11:12 PM

Deleted

**TheEngineer** · 03-24-2010, 11:17 PM

Everyone,

As TruePoker is standing up in an area that the DoJ and the Commonwealth of Kentucky are claiming is unlawful, let's not speculate on the ongoing involvement of specific posters within the company. Thanks.

Dr. Ho · 03-25-2010, 01:17 PM

exactly

RGC2005 · 03-26-2010, 01:32 AM

Any comments on the pokernews story that the Full Tilt owners will be named as defendants when the case is reheard?
Apparently a Commonwealth Attorney tried to add them after the IMEGA filing and was told to wait.

novahunterpa · 03-26-2010, 05:29 AM

Quote:

Originally Posted by RGC2005

Any comments on the pokernews story that the Full Tilt owners will be named as defendants when the case is reheard?
Apparently a Commonwealth Attorney tried to add them after the IMEGA filing and was told to wait.

http://www.pokernews.com/news/2010/0...court-8076.htm

Quote:

iMEGA had previously kept all of its members confidential. Brennan said three members of the association volunteered to file the affidavit. Only one was needed, and Yatahay was chosen partly because the company does not operate an Internet gambling site. It merely leases the software and domain name to the operator, TPCR Development, SRL.

"I'm sure the Commonwealth will say something like that doesn't count," Brennan said. "If you go to a 'whois' site and look up TruePoker.com, you'll see Yatahay Limited. It has been the owner of the domain name since 2007."

True Poker also does not operate in Kentucky and has rejected business from IP addresses in the Commonwealth as a precaution since the seizure.

So 3 members of IMEGA were willing to file but they only needed one, wonder who the other 2 were.

Quote:

Commonwealth attorneys must have known iMEGA wasn't going to give up on the case because they were in Franklin District Court on Wednesday morning trying to get the names of owners of Full Tilt Poker and Pocket Kings Limited, the software provider of Full Tilt, added to the complaint. Judge Thomas Wingate denied the request, saying the Kentucky Supreme Court ruling was not final. The only way the amendment would be granted is if iMEGA loses in the Supreme Court. Now that the standing issue is resolved, Brennan is confident that won't happen.

I guess if the court rules in favor of the state then they will file the court for the names of the operators of FTP?

RGC2005 · 03-26-2010, 09:01 AM

Quote:

Originally Posted by novahunterpa

http://www.pokernews.com/news/2010/0...court-8076.htm

So 3 members of IMEGA were willing to file but they only needed one, wonder who the other 2 were.

I guess if the court rules in favor of the state then they will file the court for the names of the operators of FTP?

That is the story. Our poor Governor, this thing keeps growing and growing and growing. It was supposed to be a quick "Snatch and Grab" filing for a quick couple hundred thousand dollars and PR. Now he has a lion by the tail and can't let go since it his re-election year. This case could lead to some very interesting precedents in areas other than online poker.

BigAlK · 03-26-2010, 11:00 AM

What are the next things we're likely to hear on this? If the PokerNews article is accurate the papers with affidavits have been filed with the KY Court of Appeals. Will they need to make any judgement or allow for any potential arguments from the state or, based on the Supreme Court's order, will it be forwarded to them automatically?