Today the Commonwealth of Kentucky filed a response to iMEGA motion for Intermediate relief with the Kentucky Court of Appeals.

The Commonwealth main arguments are that iMEGA does not have standing to represent any of the domain names as they are not the owner of any of the domains. iMEGA is a trade association who according to the Commonwealth, “has not identified a single domain defendant which is owned or operated by one if its members”.

The Commonwealth second basis for asking the Appeals court to deny iMEGA petition is that the trial court by its own decision, is stayed until the forfeiture hearing scheduled for December 3rd is heard.

Therefore the Commonwealth contends there is no irreparable injury that can be shown since all action is stayed until the hearing and that all DNS information is current and all sites resolve.

The Commonwealth refutes the argument that the court violated the first amendment right to free speech saying that gambling is illegal and therefore there is no first amendment right to free speech when the activity is illegal.

The Commonwealth make no attempt to distinguish the activities of the “illegal gambling sites” from Kentucky own “legal” gambling site Twinspires.com