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  1. #1
    CGW
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    Default iMEGA Case Ruling

    The long awaited iMEGA ruling has come in and the results are... confusing.

    Here's our take on the situation. iMEGA won the right to have their claims ruled on, thus they won the case, however, the claims that were ruled on all basically were thrown out by the judge. iMEGA sees the case as a victory of sorts in that the judge defined how weak the UIGEA is, but they will appeal some of the rulings, like their fight that says the UIGEA is a violation of first amendment rights, which the judge ruled to be false.

    Here is the iMEGA story.

    Here is CGW's analysis of the ruling.

    Here is the actual ruling from the judge.
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  3. #2
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    Default

    Thanks CGW. Great Catch!
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  4. #3
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    Default

    this is the real victory IMO that came out of this:

    “Granting iMEGA standing is a major victory any way you look at it,” said Eric M. Bernstein, Esq., attorney for iMEGA. “Judge Cooper’s ruling holds that, even with the passage of UIGEA, online gambling is only illegal in states where a statute specifically says it is.
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  6. #4
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    Default

    Bigger that that is this:


    Judge Cooper found that banks, credit card companies and other payment system instruments are exempt from criminal sanctions under UIGEA, significantly undercutting UIGEAs enforcement mechanism. Her ruling echoes the growing consensus of opinion that UIGEA is a fundamentally flawed statute.
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  8. #5
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    Default

    Gambling911 has about ten articles on the results of this case. The important thing they report is that iMEGA got standing as an organization that can fight on behalf of the online gambling community. Meaning, they can appeal this case, bringing it to the 'Court of Appeals', which, Ed Layden, head of iMEGA, says is very much on the side of protecting first amendment rights.
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  9. #6
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    Default

    Here's the AP article that just came out, basically saying the same stuff as CGW and 911 already reported...

    Newsday AP Article
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    Default

    As much as I support the industry, and iMEGA's efforts to get the UIGEA overturned, I cannot at all agree that the court case was a victory - I do believe that the "victory" was way overhyped - indeed, a victory from the jaws of defeat.

    I see no reason not to support iMEGA - but don't get your hopes up. I hope they prepare their appeal way better than they prepared the original case.
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    Default

    Quote Originally Posted by Spearmaster View Post
    I do believe that the "victory" was way overhyped...
    Yea, we know it's not a technical victory, but a moral one. I think it's good for the troops to see a judge make comments on UIGEA like this.

    We need to keep public support up, and the government always spins stories to suit their needs... no reason we can't do the same.


    Quote Originally Posted by Spearmaster View Post
    I hope they prepare their appeal way better than they prepared the original case.
    That seems to be a sharred hope... and many believe that they will get their stuff together for the appeal.
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    Sadly, I don't share that opinion - I believe that if they had been serious the first time around, they could have caused great damage. iMEGA perked my interest when it was formed - but as soon as I found out that heretofore unknown people were leading the charge, I knew where it was going to end up.

    There are a number of gaming legal experts they could have consulted with - and as far as I know, they have consulted with none.
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    Default

    It's actually not that bad, she basically decided not to make a ruling on a controversial case. Although, she did render some interesting opinions on the matter. Are opinions etched in stone no? They have no legal bite at all. The do however; make for good legal arguments in the future if a case is ever brought to trial. So its not the victory everyone wanted. But it does lay the foundation for further challenges.
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