In a decision that is hailed by the online gaming community, a three judge appellate panel overturned a lower courts decision for 141 different internet domains to forfeit their domain. The panel consisted of judges Michelle Keller, Jeff Taylor, and Michael Caperton. The final vote was 2 to 1 in favor of the Interactive Media Entertainment and Gaming Association. Jon L. Fleischaker, an attorney for the iMEGA stated, “This decision confirms why we went the way we did with suit. We knew when we brought this to the Court of Appeals, that we would get justice for iMEGA and the domain names in Kentucky.”

iMEGA Chairman Joe Brennan stated, “We are very happy with the court’s ruling today. The judges clearly agreed with our interpretation of the law, and thankfully, this reverses what would have been a terrible precedent for our country and the Internet.”

In Judge Michelle Keller’s decision, she stated, “[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.” Judge Jeff Taylor focused on the fact that the state was trying to use a civil proceeding to prosecute a criminal act. Michael Caperton was the only judge to vote to uphold the seizure of the sites. He stated that the domains were a “a larger mechanism for gambling.”

An appeal by the Commonwealth has not been announced.