What is GoDaddy doing with gambling domains? Here’s the official word.
There have been a number of rumors swirling around about whether GoDaddy has handed over domains that Kentucky wants to seize as it cracks down on illegal gambling. A number of online gambling news sources have reported that GoDaddy capitulated and turned over the domains, but a look at the whois shows the domains are still in the original owners’ names. (Compare this to the domain names Enom handed over, which are in Kentucky’s name.)
I asked GoDaddy for an official response, and this is what General Counsel Christine Jones had to say:
We did not give the names to the Commonwealth of Kentucky, as stated in the order, as the registrant had not had a proper chance to be heard on these issues.
We provided the court a registrar certificate giving jurisdiction to the court. Meaning whatever the end result of this litigation, we will implement the court’s order.
Here, the registrant still has the ‘locked’ domain names and the Commonwealth of Kentucky does not.
The way I read this, GoDaddy’s response has been between that of Enom and registrars like Moniker and Network Solutions who are fighting this vigorously. Essentially, GoDaddy has locked down the domains and told Kentucky that it will hand them over if the court orders it at the end of the litigation. But it didn’t just hand them over as soon as the first court order was handed out.
I think its a matter of wording.
In the event the judge rules in favor of the Commonwealth the domains registered through godaddy.com, will immediately transfer to the commonwealth.
If Godaddy did not issue these certificates like say moniker, then the registrants would have an opportunity to appeal, with the registrar still holding the domains in a disputed account.
I think there is a major difference to granting these certs and handling them into the court and a registrar holding a domain in a disputed account.
I’m not sure that Ms. Jones understands that this hearing my not be the end of litigation but the beginning.
And all these registrants could have avoided the whole mess by using a non-US registrar
The outcome of this procedure is that GoDaddy conferred jurisdiction to the Kentucky Court while Domainers and others are fighting Kentucky on the basis that it does not have jurisdiction. The State’s attorney used this against the defendants to show that the State has jurisdiction. GoDaddy thus harmed the domainers’ cases severely.
Michael, Howard: I agree that this isn’t as good as what Moniker is doing. And it is very unfortunate that the government is using GoDaddy’s actions to further it’s cause. Not good.
Howard
Excellent point, Godaddy conceded jurisdiction, the major issue of the dispute, by issuing the Certs.
Then they tried to play the good guy role at TRAFFIC.
GoDaddy to me, sorry to say, has been “Gone Daddy” in the interests of domainers. I’ve reported on this over and over again on my blog.
However, since they’re number ONE in domain registrations, what’s a few domains given up unjustly when they have millions more, plus an upsell to rival a queen bee with a horde of bees in taking over a hole in your chimney.
Adam, where art thou? Doth thy not knoweth of where thy brother Cain is? (apologies to the Bible)
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Nicely said Stephen Douglas. I’m in agreement with you all the way. Have we heard any further info on this jurisdiction matter for ’09 is it settled?