+1, an argument I would make, the dissonance of the governments position; RE: Cohen, computer and now My Space to prosecute, server location,
which by the way this case is much more recent position by the DoJ.

obg

Ok, I suppose the article was wrong, which doesnt surprise me.

The MySpace case was just reversed on appeal, with the ruling pending. Ironically, the reversal was predicated upon the vagueness standard. http://news.cnet.com/8301-13577_3-10278483-36.html

But not on jurisdiction though.

obg

I hate american government...you guys are living without ABSOLUTE freedom and they pick and choose things you cant and can do. lol United States China much?

Just want to say THANK YOU SO MUCH to iMEGA and PPA for stepping up and representing freedom loving Americans who want to play poker. I love both organizations trying to cover a seperate branch of government.

Many poker players do not realize even simple letters and calls to legislators make a HUGE difference. Thats why the NRA and AARP are so powerful. They can crank up the letter writing/phone call campaign and send shudders thru Capital Hill hallways. Too bad many players will not take the time to flood the legislators offices with letters, emails and phone calls. If we had a strong presence of the individual members doing their part--it would make things a lot easier. Thank God we have the PPA and some well-known professional players to lobby for us!!!!

Also, the attacking of this scandalous UIGEA bill by the iMEGA in court rooms, is also a reason to be thankful. I get tired of hearing many politicians saying Government should not be intruding into our lives, especially in this health care debate where many people die from lack of health care availibility, but the same exact politicians think it is so important for the Government to intervene in Online Poker. (I mean really--If the Govt doesnt belong in healthcare how can it be in poker). I look forward to CNN reporting breaking news that the 3rd Circuit has overturned UIGEA!!!!

After several years of Poker Players being on their own to take what the Government has handed them, the recent fighting history of the iMEGA and PPA is a clean breath of fresh air for all poker players.

Thank You Again

Yes thanks Joe... We do appreciate your work.

That said, the question of where the bet happens just seems to be so strange. If the UIGEA did not actually address the subject.

It would seem to me, all the bets have to happen on the server, as the server is in actual control of the game. I see the server as the table and dealer, and the desktops as chairs. The server does not initiate anything, I must initiate and rap the table to check, my monitor is just a window. And I can't play online without a table. But the server can continue and run a game with 6 other players. So I must go to it in essence, it does not log into me.

What if I used my computer to log into another computer, in another country, and then played poker on the second computer on a server in still another country?? Hmmm...... Where would the bet happen then???

IMO, the courts in every other Western court would agree that the bet and game occur in the jurisdiction in which the server is located. The players of online poker sites agree to this jurisdiction by contract when they sign up at a site. Sadly, the US courts believe that their jurisdiction and that of the DOJ is world wide. (See Jay Cohen case) I wonder if even the Chinese courts would assert such jurisdiction.

Another stupid question. To what extent did the DOJ have to take this stance?? i.e. So doggedly work to uphold UIGEA?? Is it just that they generally have to defend any law this way and this is part of the process or was there a political decision that was made to invest these resources?

I understand the DA in any juristi jurisdiction ction seems like they just want to get their hands on the confiscated $$$.

IMO, problem is that too many Republicans, that "back-in-the-day" stood for smaller, less intrusive government have sold-out, both to big money interests, and the Christian Right interests, which allowed the intrusion bar to be moved further and further to the left.

Hopefully, the tax-loving Democrats will legalize online poker, without taxing it out of existence.

Republicans never stood for smaller gov, they just stood for spending all our money and our children's money on the military.

It is not just that the DOJ is trying to enforce UIGEA!!!! DOJ is on record in many instances proclaiming they believe online poker in the USA is 100% illegal period..end of story. They do not want people playing poker apparently. So, even though PPA and such proclaim Poker in US is legal, they have many people who disagree strongly. I think most independent analysts say it is a Grey Area at best. Although, I think it will get worked out in the poker players favor sooner rather than much later.

Stupid question...

What are the Judges doing now???? Who do they talk to?? Do the Judges contact either side for additional info or further clarification???

That's actually a really good question. Why does it take months if they allow such a small window for actual debate?

The Third Circuit Court of Appeals hears lots of cases. Tons. My guess is that the judges have decided the ruling in the case and their clerks are doing the legal work to justify the ruling. With so many cases, a backlog exists which means that opinions take several weeks to a few months after oral argument to be published.

Does the court project when a decision is going to be rendered? When and how is everyone notified??

The court says nothing about the timing for issuing a decision. Once a decision is issued, counsel for both sides are notified by the clerk's office. It's utterly devoid of ceremony.

Joe@iMEGA