I think the most remarkable thing about this decision is the media coverage of it. I mean, quite honestly, I agree with what this reporter states, but the tone is both dismissive and amusing:
In a decision what can only be described as the grownups regaining control, the Kentucky Court of Appeals yesterday overruled a lower court decision that allowed Gov. Steve Beshear's Keystone Cops to confiscate 141 domain names last fall.
The ruling can be read here, if you are looking for the details. The lower court erred in law so severely that there was no other recourse but to overturn the decision. To let it stand would have set a dangerous precedent for electronic advocates and internet companies everywhere.
The Court of Appeal states:
[I]t stretches credulity to conclude that a series of numbers, or Internet address, can be said to constitute a "machine or any mechanical or other device ... designed and manufactured primarily for use in connection with gambling."
It certainly does. There’s no way to justify that an IP address can qualify on its own to be a machine or device manufactured primarily for use in connection with gambling. IP addresses cannot be said to have been manufactured primarily for anything other than connecting remote machines together for any number of purposes.
Thank goodness the cooler heads prevailed.
[Source: Network World]
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