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Kentucky Governor Will Succeed in Stealing some Online Gambling Domain Names PDF Print E-mail
Written by Thomas Jensen
Tuesday, 23 September 2008

Kentucky Governor Will Succeed in Stealing some Online Gambling Domain NamesPoint-Spreads.com has learned that Kentucky Governor Steve Beshear will be successful in stealing some but not all of the 141 online gambling domain names!  Several top brands that are in jeopardy include GoldenPalace.com, WSEX.com, SportsBetting.com, FullTiltPoker.com, PokerStars.com CakePoker.com, DoylesRoom.com and several others.

The internet gambling industry was sent in a tail spin when Point-Spreads.com broken the news yesterday morning of the attempted domain name hijacking.  Senior management of the various online gambling business entities that own some of the domain names in question were traveling to Barcelona to attend the annual EiG internet gambling industry conference are now finally able to deal with the situation and it does not look good for a few of them.

Some operators have already told Point-Spreads.com that they cannot transfer the ownership of the domain names, they cannot transfer the registrars and are unable to change DNS.  Not a good sign at all, but how can that be? Under Rule 8(a) and 8(b) (see below) domain name holders are unable to transfer ownership or move registrars pending a hearing to challenge the request of seizure by Kentucky on Thursday September 25th.

The actions taken by Kentucky also have serious repercussions for anyone working within the e-commerce and internet space.

"If that is not a clear case of abuse of power, I don't know what one is," Joe Brennan, Jr. founder of iMEGA, said.  The Interactive Media Entertainment & Gaming Association was founded to foster cooperation between the online industry and government at all levels, and to promote innovation, openness and freedom on the Internet.

Can a judge in Kentucky actually issue a court order that is enforced by ICANN over a foreign e-commerce business?  Before that can be answered, one must understand the jurisdictional issues of “owning” a domain name.

Basically, the jurisdiction used for disputes is either the location of the Registrar that the domain name is stored at or the address on file with that Registrar for the “owner” of the domain name.  Several of the online gambling domain names in question were actually stored at Registrar’s located within the United States.  Some, if not all of those domain names are going to be seized.

Let’s be real, TwinSpires.com which is a online gambling internet website owned by Churchill Downs Incorporated out of Louisville, the same group that runs the Kentucky Derby, is the biggest benefactor to Kentucky’s attempted to steal the 141 domain names.  This is not about protecting its citizens, its about protecting a Kentucky based corporation from having competition in its local market.  Shame on the Governor of Kentucky.

"The industry needs to take this very seriously and not just the online gambling operators," commented Christopher Costigan, Publisher of Gambling911.com.  "An order in Kentucky will open the doors for other states to take similar actions and who knows what might be next?  Maybe other states will start going after hosting companies for conducting business with Internet gambling affiliates, and even worse they can go after the registrars.  The states are hurting right now due to the economy and they are looking for ways to protect key industries such as the land based casinos and - in the case of Kentucky - the horse racing industry.  If they see the industry is not going to stand up and challenge these matters, I'm afraid to say it but there is almost certainly more bad news to come down the road."

It’s obvious to everyone observing this story that Kentucky did not think this decision through all the way.  Could the government of another state or country go after domain names owned by Kentucky businesses if the said state or country deems the activity of said website be illegal? Only time will tell and we will have to wait until after the hearing this Thursday to find out the outcome.  Point-Spreads.com urges other operators to make sure that their domain name registrar is one that is based out of the United States and preferablly in a gaming friendly jurisdiction to help mitigate the likelihood of their domain name portfolios from being stolen in the future.

 

Here is a comment left on KYpost.com news website about the domain name seizure attempt by Governor Steve Beshear by an unhappy resident of Kentucky:

"It has become more apparent that Gov. Beshear is nothing more than a shill for the gaming industry. With all of the problems that this state faces....increasing poverty, health care crisis (including a nearly bankrupt state medicaid system), gas price gouging, an education system that is still ranked in the bottom of the nation, deteriorating roads and bridges, collapse of the real estate market and banking system within the state, and prescription drug abuse....he makes ONLINE GAMBLING our states top priority. I guess that he still believes that "legitimate" gambling with brick and mortar casinos will bring our state prosperity. I guess that he believes that they do not prey on poor people. The lottery was supposed to boost our education system, but it has not and the only people that buy a ticket are the financially destitute. It is simply ridiculous. I think that he needs to be reminded why he was elected Governor...It is because he was not Ernie Fletcher. If the Democrats would have nominated a can of tomato soup against Fletcher, they would have won. We need to remind the Governor Beshear that he should be focusing on more important and pressing needs, and quit catering to his own special interests."


Here is a comment sent to Governor Steve Beshear by a loyal Point-Spreads.com reader:

“I find what you are trying to accomplish reprehensible. What right do you or any other elected official have in telling citizens of your state that they cannot participate in online gaming? Your job is to preserve freedom, not take it away. If you do not like the fact that tax revenue is being lost, then legalize the industry. This is pathetic and shameless and I hope the people of Kentucky value their freedom enough that they send you back to civilian life. Please do yourself a favor and examine the Constitution of this great country and start working on behalf of the people of your state instead of trying to rule over them simply because you would like some additional tax revenue. You are not running a totalitarian regime, this is not China. Are the people of Kentucky clamoring for the end of online gaming? I doubt it. So why are you? Start representing the people and quit catering to special interests. This is a free market and you don't make an activity that people enjoy illegal simply to help sustain another sector of industry. That stuff is suppose to work itself out in our free market system. The government certainly is not suppose to step and prohibit freedom as you are trying to do.”


Here are a few direct quotes from the ICANN website, which officially governs all domain names worldwide:

http://www.icann.org/en/dndr/udrp/uniform-rules.htm

Mutual Jurisdiction means a court jurisdiction at the location of either (a) the principal office of the Registrar (provided the domain-name holder has submitted in its Registration Agreement to that jurisdiction for court adjudication of disputes concerning or arising from the use of the domain name) or (b) the domain-name holder's address as shown for the registration of the domain name in Registrar's Whois database at the time the complaint is submitted to the Provider.


http://www.icann.org/en/dndr/udrp/policy.htm

8. Transfers During a Dispute.
a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

Last Updated ( Tuesday, 23 September 2008 )
 
Pentasia Champions League proves a winner for iGaming players PDF Print E-mail
Written by Thomas Jensen
Monday, 22 September 2008
Pentasia Champions League proves a winner for iGaming playersThe inaugural Pentasia Champions League was declared a roaring success at an annual award ceremony organised by the leading iGaming recruitment specialists. Swedish outfit Betsson Malta - inspired by leading scorer Lars Johansson, who bagged an impressive 73 goals - covered themselves in glory by coming home in top spot out of 22 sides from the online gaming and IT sectors.
 
Throughout the seven month league campaign a total of 462 matches were played over a 5-a-side format with 1756 goals scored. Other notable internet gambling sides competing included Betfair, Interwetten and Expekt among other names. And there was more good news for Scandinavian supporters as Danes Casino.dk won the Pentasia Cup beating OnDNet in the final. The league’s Fair Play Award was won by 6PM.
 
League organiser Chris Vella, Pentasia’s Mediterranean director, explained that the growing number of football-hungry amateur players was one of the chief reasons for setting up the league.
 
“We sensed there would be great enthusiasm among employees from the online gaming and IT businesses in Malta so we decided to create a proper league and administrative structure that could help foster a genuine community spirit among the players and teams alike."
 
Vella added that next year’s campaign promised to be even better and passed on a hearty thank you to everyone who made the 2008 edition such a success.
 
“Next season it will be a bigger league, in addition to the 22 teams another nine already want to join and we haven’t even advertised as yet. I’d also like to pass on my thanks to the members of the committee who contributed greatly to the success out of their own time while not asking for anything back,” he said.
 
Fixtures, results and stats can be found at:
http://www.pentasiachampionsleague.com
 
Founded in 2001 and with regional offices in the UK, Malta, Costa Rica, Scandinavia and Singapore, Pentasia are able to offer clients and candidates a truly international network combined with a tailored local service. Working extensively from past success and referral, Pentasia have developed a reputation of cultivating long-term relationships, which have resulted in the majority of assignments being repeat business or by candidate recommendation. Visit Pentasia.com for more information.
Last Updated ( Monday, 22 September 2008 )
 
Internet Gambling: 1st Technology Denied, Kentucky to Seize Domain Names PDF Print E-mail
Written by Thomas Jensen
Monday, 22 September 2008
Some good news for the internet gambling industry, it turns out that 1st Technology suffered a major defeat in court recently.  Point-Spreads.com has obtained a letter from the United States Patent & Trademark Office that dismisses 1st Technology's request to vacate a re-examination request of U.S. Patent No. 5,564,001. A copy of the USPTO ruling can be found here. Apparently the USPTO felt the declaration of Scott W. Lewis was improper and it will be expunged from the official file which is currently under review for the validity of the method patent in the first place.

So what does that mean? While it does not get Bodog back their domain names, 1st Technology cannot use the method patent to extort money from other internet gambling companies while the validity of the method patent is under review by the USPTO.

By using the US legal system to secure "royalty/licensing" payments for their method patent, 1st Technology has really been a major cause of damage to beleaguered internet gambling industry over the last several years.  1st Technology has used U.S. Patent No. 5,564,001 to obtain "royalty/licensing" payments from various gaming operators that were not in a position to fight the attacks.  While this is great news for operators currently being attacked by 1st Technology, it will not help Bodog get their domain portfolio back.

This latest ruling by the United States Patent & Trademark Office brings the 1st Technology method patent one step closer to being overturned.

While this is great to hear, its not over yet.  Point-Spreads.com has also learned that the state of Kentucky has been monitoring the way 1st Technology was able to successfully grab the Bodog domain names and has put a plan in motion to seize 141 gambling operators domain names including the domains names WSEX.com, SportsBetting.com, PokerStars.com and FullTiltPoker.com just to name a few.  Here is a complete list of domain names and a copy of the motion to seize domain names filed by the State of Kentucky this past Friday.

Internet gambling operators using United States based registrars to hold their domain name portfolios better look into transferring those domain names to a registrar in jurisdiction that licenses gaming companies fast.  It is unknown at this time if Kentucky will be successful in its attempts to seize the domain names.  Point-Spreads.com will continue to monitor this story as it unfolds.
Last Updated ( Monday, 22 September 2008 )
 
New Pentasia website takes users Beyond Recruitment PDF Print E-mail
Written by Thomas Jensen
Monday, 15 September 2008

New Pentasia website takes users Beyond RecruitmentiGaming recruitment consultants Pentasia have launched their stunning new website at www.pentasia.com. One of the key driving forces behind the new eye-catching creation was to build a site that truly reflected the unique consultative approach Pentasia adopts with regard to their client and candidate relationships. As Pentasia’s Group Marketing Manager John Doyle explained:

”The site truly reflects how we take clients and candidates beyond what they expect from recruitment companies and genuinely sets the standard in internet gambling recruitment websites.

”It has taken months of painstaking development and attention to detail to complete and is full of content all geared to reflect Pentasia’s position as an authority in recruitment and a window on the iGaming Sector’”

The extensive Client Services section highlights both the exhaustive consultative process the company adopts when sourcing the finest talent and the supplementary advisory services that Pentasia had to offer. The Candidate Services section introduces a number of new features such as advice on specific jurisdictions, industry articles and insight and RSS feeds to keep up to date with the latest jobs.

Doyle said: ”We´ve revised all of the successful features of the previous Pentasia site and have built on those. However, this is not the end of the story as we will continue to add features and tools over the coming months. ”

Visitors to www.pentasia.com will experience improved navigation, new search engines to find exactly what they are looking for as well as new ways to register and to stay informed. And with fully incorporated offices across Europe, Latin America and SE Asia the site will shortly feature a localised multilingual function where users will be able to interact in languages including English, Chinese, Spanish and Italian.

”When planning the site one of our key aims was to make sure our global presence was properly reflected and the multilingual function is a vital part of that,” explained Doyle.

Using the latest cutting edge web-based technology the new site has a clean, crisp graphical interface that features Flash and DHTML. The browser-based content management system will allow the site to be updated on a minute-by-minute basis with the latest job alerts and industry news and other information useful to both clients and candidates alike.

Pentasia are widely recognised as the global iGaming sector’s leading recruitment and careers consultancy. Pentasia is a fully accredited member of the UK's Recruitment & Employers' Confederation (REC) and as such, is subject to their Code of Professional Practice. Founded in 2001 and with regional offices in the UK, Malta, Costa Rica, Sweden and Singapore, Pentasia are able to offer clients and candidates a truly international network combined with a tailored local service. Visit the new site at www.pentasia.com.

Last Updated ( Monday, 15 September 2008 )
 
Internet Gambling: Frank introduces the Payments Systems Protection Act of 2008 PDF Print E-mail
Written by Thomas Jensen
Thursday, 11 September 2008

Good news for the internet gambling industry today.  Democratic Chairman of the House Financial Services Committee Barney Frank of Massachusetts introducted a bill to congress to help clarify and define a "internet gambling" financial transaction and help regulate the industry.  The GOP vows in their 2008 Republican Platform to work hard to keep the ban on internet gambling enforced.  Page 47 of the 2008 GOP Platform states "We support the law prohibiting gambling over the internet".  Point-Spreads.com urges its readers to vote for Democratic Presidential Candidate Barack Obama or a third party candidate in the 2008 Presidential Election. Over the course of the next few weeks, we will be profiling several candidates running for Congress that support legalizing and regulating internet gambling and are trying to help Barney Frank and Texas Congressman Ron Paul overturn UIGEA.

Here is a press release from The Safe and Secure Internet Gambling Initiative about the Payments System Protecton Act of 2008:

House Committee on Financial Services Chairman Barney Frank (D-Mass.) today introduced the Payments System Protection Act of 2008, which would direct the Department of the Treasury and Federal Reserve System, in consultation with the Attorney General, to create a formal process to define what types of online gambling are unlawful to make it possible for the U.S. financial services industry to comply with the current ban on Internet gambling, as required by the Internet Gambling Enforcement Act of 2006, or UIGEA.  In response to concerns raised by the financial services industry about the burden and ambiguity in the proposed rules to implement UIGEA, the bill would require federal regulators to appoint a special Administrative Law Judge to define unlawful Internet gambling activities and conduct an economic impact study on the costs for compliance.  
 
“Chairman Frank is doing the right thing by saying it is unfair to burden U.S. financial service companies with the job of the Internet gambling police at a time when their undivided attention ought to be on the economy,” said Jeffrey Sandman, spokesperson for the Safe and Secure Internet Gambling Initiative.  “The reality is that UIGEA is dangerous to the payments system and unlikely to stop anyone from using the Internet to play poker, bet on horses, or engage in other types of wagering.”
 
Earlier this year, Reps. Frank and Ron Paul (R-Tex.) introduced the first version of the Payments System Protection Act (H.R. 5767), which attempted to stop the U.S. government from taking any further steps in developing regulations to implement UIGEA.  Ultimately, the bill, along with an amendment offered by Rep. Peter King (R-N.Y.), was defeated in the House Committee on Financial Services.
 
During the vote on the Payment System Protection Act on June 25, 2008, Rep. Frank told his colleagues that Congress is putting the U.S. financial services industry at risk by not clarifying the regulations to enforce UIGEA and defining unlawful Internet gambling activities.  “Hijacking the financial payment system at a time when it is under major stress and giving them the job of carrying out an unclear mandate doesn’t make sense,” he said.
 
Representatives of the U.S. financial services industry, including the Chamber of Commerce, The Financial Services Roundtable, Credit Union National Association, and National Association of Federal Credit Unions, pledged their support of the original version of the Payments System Protection Act and King amendment in letters to Rep. Frank and members of the Financial Services Committee.  
 
“I wish to be clear that we do not support the notion that financial services companies should be ‘deputized’ to police gambling activity in any form or function,” wrote Mr. Steve Barlett, president and CEO of The Financial Services Roundtable on June 23, 2008. “While we would support the passage of H.R. 5767 as introduced, I agree that the King Amendment makes essential improvements to a deeply flawed law and therefore support its inclusion.”
 
Concerns about the impact of UIGEA were also raised by the Americans for Tax Reform and Competitive Enterprise Institute in a letter to members of the Committee on Financial Services dated June 23, 2008, which said that “if implemented as proposed in current regulations, UIGEA would have a number of serious, negative consequences for the nation’s economy.”
 
Concerns about the proposed rules to implement UIGEA were previously raised at a congressional hearing on April 2, 2008 (“Proposed UIGEA Regulations: Burden without Benefit?”) and in hundreds of comments submitted to the Department of the Treasury and Federal Reserve System.  At the hearing, representatives of the Department of the Treasury and Federal Reserve System acknowledged the challenges U.S. financial institutions will face in attempting to comply with UIGEA.  
 
The Internet Gambling Regulation and Enforcement Act of 2007 (H.R. 2046), introduced by Rep. Frank, would establish an enforcement framework for licensed gambling operators to accept bets and wagers from individuals in the U.S.  It includes a number of built-in consumer protections, including safeguards against compulsive and underage gambling, money laundering, fraud and identity theft.  A companion piece of legislation that would ensure the collection of taxes on regulated Internet gambling activities, the Internet Gambling Regulation and Tax Enforcement Act of 2008 (H.R. 5523) was introduced by Congressman Jim McDermott (D-WA).  
 
Additionally, Rep. McDermott introduced, the Investing in our Human Resources Act (H.R.6051), which would direct new revenue generated by regulated Internet gambling activities to be spent on job training for those in the declining sectors of the economy and educational assistance for foster care youth.  The bill also includes provisions to encourage responsible Internet gambling behavior and an awareness of unsafe practices, something which has been praised by problem gambling advocates.   
 
The Safe and Secure Internet Gambling Initiative promotes the freedom of individuals to gamble online with the proper safeguards to protect consumers and ensure the integrity of financial transactions.  For more information on the Initiative, please visit www.safeandsecureig.org.  The Web site provides a means by which individuals can register support for regulated Internet gambling with their elected representatives.

Last Updated ( Thursday, 11 September 2008 )
 
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