Judge Jeff S. Taylor added that even if the term ‘gambling device’ was accepted to include domain names, the law against owning the device would be a criminal statute and require criminal hearings before the device could be legally confiscated or even considered a ‘gambling device’. He added that, "...the conspicuous absence of the Kentucky Attorney General, who... clearly has the authority to pursue the prosecution of crimes.... The Secretary of Justice and Public Safety Cabinet has no such authority."
The three appellate judges cited the precedent of a case that involved a paternity suit that established the need for legislative action in order to change laws and policies in regard to technological advances. The way the precedent was set, the judges cannot amend the law the way they feel lawmakers would want it to read in the absence of any such action. Kentucky attorneys are reviewing the verdict while considering an appeal to the state Supreme Court. But until it hits the state Supreme Court’s dockets, the 141 online domain names remain the property of the online gaming owners.
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