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Reply To: Kentucky and their lackey registrars

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#780098
Anonymous
Inactive

Bottom line these will most likely remained locked until this is all resolved (all appeals exhausted). Now if they remained locked and case remains unresolved, it’s likely the domains will continue to work as long as Domain is pointing to a valid/operating DNS server.

Hi Fred,
I think I can agree with that comment, however, I’m not all on board with the rest.
Perhaps some of it in some form, but not totally.

The Judge that made the order is just a circuit Judge as I understand it.
When he isn’t over stepping his bounds and ruling on International matters, he’s ruling on traffic violations, domestic disputes, assorted local civil cases, maybe some local murders, and maybe some divorces!

You get the idea. LOL
While Icann and U.S. registrars might obey the order if there is no resistence to it, I do think they have the right to challenge the order, if they so desire.

In the end, my sources tell me that this Judge does not have the Jurisdiction to even make this order since it involves International owners. The fact that they may have bought them thru a U.S. Registrar is not particularly relevant when it involves a foreign entity.

This Circuit Judge should really rescind his order, and tell them to take to a Federal Court that could get involved in an International issue, assuming they want to pursue it.
He may not willingly do that, BTW, however, the defendents could easily force his hand on that, IMO, or just agree to block Kentucky and be done with it.

We will see next week I guess! :-)

Eitherway, they can easily appeal the Order from this Circuit Judge upwards, and it isn’t that expensive to file that.
HOWEVER, it would be fairly expensive to continue that procedure in Federal Court, but I think the Domain owners would prevail, so it would be worth it.

The Kentucky Attorneys were hired on the basis that IF they win, they get paid.
I doubt that arrangement would continue if the Domain owners fight them all the way.

At that point, Kentucky would have to evaluate whether it’s worth it to pork up a lot of money for what would most likely be a losing battle.

In reality, this is about taking domain names from foreign counties, not about Gambling, and I don’t believe that will happen myself. That assumes they move the case to the Feds.

That said, who knows really?
I’ve seen so many crazy things happen in the last 8 years that I thought would NEVER happen, I’m not sure I can assess any of it properly anymore.

Better Days are ahead Folks, but I know you’ve all heard that before too. :-(

Vote for Obama! He’s our best shot!
Better yet, just VOTE!!!! Even if you are a McCain fan! :-)