The Future is Now: Esports Policy Considerations and Potential Litigation

As accepted for publication in Journal of Legal Aspects of Sport, ┬ęSRLA Vol 27 pp. 46-78, 2017. DOI: 10.1123/jlas.2016-0018

FSU College of Law, Public Law Research Paper No. 837

33 Pages Posted: 23 Mar 2017  

John T. Holden

Florida State University

Anastasios Kaburakis

Saint Louis University - John Cook School of Business

Ryan M. Rodenberg

Florida State University - College of Education; Florida State University - College of Law

Date Written: March 15, 2017

Abstract

Competitive video gaming is rapidly gaining mainstream attention. Major U.S. television networks have commenced broadcasting such competitions. The term esports has been assigned to the practice, but it remains to be seen whether lawmakers and regulators agree that the contests are indeed sports. This paper provides a comprehensive examination, analysis, and application of the tests that have previously been used to determine whether an activity is a sport. We illustrate potential streams of litigation, some of which are specific to activities classified as sport. The emergence of esports in the United States has highlighted the absence of a legal definition of sport. Be it the newest form of sport or not, esports afford a glimpse to the future of creative competition, business innovation, and the related legal, policy, and litigation implications emerging alongside this new (sporting or otherwise competitive) activity.

Keywords: esports, esports law, competitive sports tests application, gambling policy, gaming, skins wagering and corruption prevention, gaming litigation forecast

JEL Classification: K00, K10, K14, K33, K40, K49, L50, L59, L63, L80, L83, L86, L89, O34

Suggested Citation

Holden, John T. and Kaburakis, Anastasios and Rodenberg, Ryan M., The Future is Now: Esports Policy Considerations and Potential Litigation (March 15, 2017). As accepted for publication in Journal of Legal Aspects of Sport, ┬ęSRLA Vol 27 pp. 46-78, 2017. DOI: 10.1123/jlas.2016-0018; FSU College of Law, Public Law Research Paper No. 837. Available at SSRN: https://ssrn.com/abstract=2933506

John T. Holden (Contact Author)

Florida State University ( email )

Tallahasse, FL 32306
United States

Anastasios Kaburakis

Saint Louis University - John Cook School of Business ( email )

3674 Lindell Blvd 407
St. Louis, MO 63108-3397
United States

Ryan M. Rodenberg

Florida State University - College of Education ( email )

Tully Gym 1002
1114 W. Call Street
Tallahassee, FL 32306-4450
United States
850-645-9535 (Phone)
850-644-0974 (Fax)

HOME PAGE: http://education.fsu.edu/faculty-and-staff/dr-ryan-rodenberg

Florida State University - College of Law ( email )

425 W. Jefferson Street
Tallahassee, FL 32306
United States
850-645-9535 (Phone)
850-644-0974 (Fax)

HOME PAGE: http://education.fsu.edu/faculty-and-staff/dr-ryan-rodenberg

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