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Summer 2021 Route To: ____/____/____/____ Esports and the Law News, case summaries, articles, and strategies concerning esports and the law WWE Wrestler Loses Bout with Video INSIDE THIS ISSUE Game Company in Copyright Trial Will New Jersey be the center of the Esports Universe? 2 By Hannah Shankman, GW Law, 3L the G.I. Bro character beyond the ring and developed a comic book starring a cartoon FREE KICK?–UK Soccer n June of 2021, a federal jury in Texas version of G.I. Bro. Drawn by freelance Players’ Seek Clarity on Data found that Activision Blizzard Inc., a I comic book artist Erwin Arroza, the G.I. Bro Rights 3 popular video game developer and publisher, cartoon was depicted as a muscular character had not infringed the copyrighted persona of Activision Gets Expansion, But sporting military garb and dreadlocks. Not the Type it Planned On 5 retired WWE wrestler Booker T. Huffman. Booker T. subsequently registered the Booker T. alleged that Activision copied one COVID-19 and Sponsorship of his personas, “G.I. Bro,” in Call of Duty: comic book and four drawings of the G.I. Rights: Rise in Eports 5 Black Ops 4. Citing to similarities between Bro character with the United States Copy- Online Gaming and Online his military-themed character and the Call right Office. It was through the rights and privileges associated with these works that Safety – Where Is the Law of Duty character David “Prophet” Wilkes, Heading? 7 Booker T. sued the video game company for Booker T. brought his case against Activi- copyright infringement and sought an award sion. He alleged that Activision’s posters and Esports Included in Flurry of States’ Sports Betting Bills 8 of profits from the sale of the game. After a marketing materials for Black Ops 4 that four-day trial, the jury sided with Activision displayed the image of Prophet infringed Esports Programs Move the and found no instances of wrongdoing. upon his G.I. Bro copyright. Chains at FBS Schools 9 Booker T. Huffman donned the G.I. Bro In the marketing materials at issue, persona at various points in his professional Prophet is pictured as a muscular military- wrestling career. In 2015, Booker T. took See WWE on Page 12 Ramirez v. Electronic Arts: What You Sign Is What You Get By Jeff Birren, Senior Writer Facts it (Id.). It includes an arbitration provision that states, in relevant part: evin Ramirez began playing Electronic EA creates “digital interactive entertain- KArts Inc. (“EA”) games in 2011. He ment” including “developing video games “[A]ll disputes, claims or controver- started with EA’s FIFA game and added for consoles and computers.” Each game “is sies arising out of or relating to this governed by EA’s standard User Agreement.” Madden NFL Game in 2013. After playing Agreement, any EA Services and its To access “the full features of EA’s games, EA games for eight years, Ramirez decided marketing, or the relationship be- including the ability to use Ultimate Team that EA was violating California’s anti- tween you and EA (“Disputes”) shall Packs, the user must agree to the terms of gambling law. So, in October 2013 Ramirez be determined exclusively by binding the User Agreement.” When the user first filed a putative class action against EA. EA arbitration. This includes claims that loads the game, a pop-up window appears. responded with a motion to compel arbitra- accrued before you entered into this This “alerts the user that they must accept tion. Ramirez opposed it, but the U.S. Dis- Agreement…” (Id.). trict Court in San Jose granted EA’s motion the User Agreement before continuing to the (Ramirez v. EA, Case No. 20-cv-05672-BLF game. The user is able to scroll through the The arbitration “shall be administered (“Ramirez”) at 2 (3-6-21)). entire User Agreement” before consenting to See RAMIREZ on Page 4 COPYRIGHT © 2020 HACKNEY PUBLICATIONS (HACKNEYPUBLICATIONS.COM) SUMMER 2021 2 Will New Jersey be the center of the Esports and the Law Esports Universe? HOLT HACKNEY By Nicole Kardell, of Ifrah Law 1. The DGE views the separate esports Managing Editor and Publisher games (e.g., Fortnight and League of he EGR’s East Coast Virtual Briefing Legends) as leagues and their respective 2021, took place May 26, 2021 with T players as athletes of each particular Hackney Publications a packed agenda, including revealing the league. In other words, each game winner of the Ifrah Pitch Competition. publisher would be akin to the NFL We wanted to provide some highlights on THE ROBERTS GROUP or MLB and players specialize in a developments in esports as a gambling verti- Design Editor particular game without crossing over cal. Esports was the focus of a Q&A session to other games. ELLEN M. ZAVIAN, ESQUIRE hosted by Chris Grove, a partner at Eilers Adjunct Professor at George & Krejcik Gaming. Grove interviewed the 2. Developing a gambling model for Washington University, director of New Jersey Gaming Enforcement, esports is not as clear cut as traditional Professorial Lecturer in Sports David Rebuck on the future of esports and sports betting and entrepreneurs are Law at George Washington Law New Jersey’s efforts to become the hub for across the map with ideas. School all things esports. 3. Nevada and New Jersey are the two states Editor In Chief The conversation started off with an over- most focused on monetization of esports COURTNEY SEAMS view of New Jersey’s journey as a “vanguard” while both are still grappling with how Researcher of online gambling regulation, the reasons to convert it into a legal gambling op- for its success, and how this translates into portunity with all the protections in BRIANA NARDONE what New Jersey will do to develop a suc- Marketing place for other gambling verticals. cessful esports market. 4. Certain esports publishers have been Please direct editorial or subscription Rebuck said that New Jersey Governor reluctant to open themselves to esports inquiries to Hackney Publications at: Phil Murphy has made clear that he wants [email protected]. gambling out of concerns over scrutiny his state to become the established hub for faced in regulated gambling. The DGE Esports and the Law is esports and related gambling. In that vein, has worked with others to educate the published quarterly by Hackney Rebuck noted that the NJ DGE has been Publications. publishers that, like sports leagues, it in talks with stakeholders across the esports is not the leagues, but the gambling industry about what esports gambling should Postmaster send changes to: operators who are subject to gaming Hackney Publications, P.O. Box look like. He further invited stakeholders licensing. 684611, Austin, TX 78768. and entrepreneurs to engage the DGE in discussions as they assess and build an esports 5. Rebuck anticipates that, once a suc- Copyright © 2021 Hackney cessful model for esports gambling is Publications gambling model. According to Rebuck, it is the entrepreneurs, as opposed to the es- developed others are likely to follow ports publishers, who are most aggressively and join. pushing to monetize esports in this fashion. At the end of the session, Grove asked While esports is still “very much a niche a question related to what’s near and dear industry,” as Rebuck noted, operators, to his heart: online poker. He wanted to publishers, and entrepreneurs have been know Rebuck’s thoughts on whether there presenting a host of ideas to the DGE on will be growing liquidity in poker through how to monetize the industry. He was clear international compacts. While Rebuck that esports professionals see esports as an believes growth in the international poker athletic event and that esports are authorized pool is tricky (noting that regulatory schemes as sporting events under New Jersey’s sports are apples to oranges between the U.S. and wagering law. other jurisdictions), he is confident more Some takeaways from Grove’s conversa- U.S. states will join the Multistate Internet tion with Rebuck: Gaming Agreement. n ESPORTS AND THE LAW COPYRIGHT © 2021 HACKNEY PUBLICATIONS (HACKNEYPUBLICATIONS.COM) 3 SUMMER 2021 FREE KICK?–UK Soccer Players’ Seek Clarity on Data Rights By Will Scolinos, GW Law, 3L statistical data, despite being disseminated seek greater control over where their data pursuant to private broadcast agreements, is shared thereafter. ho owns Pro Soccer Player Harry was a public fact and should be distributed Richard Dutton, representing Project Kane’s top speed in a match? The W free of fees and licensing. velocity of a well-struck cross by Soccer Red Card, was quoted by Wired.com saying The GDPR places strict regulations on Midfielder Bruno Fernandes? The height that, “The details of their passing accuracy, the use of personal data, which it defines of Brazilian Footballer Alisson Becker? their fitness, their speed, all of those things broadly as “any information relating to an To finally resolve ambiguities related to which you see in various guises on count- identified or identifiable natural person players’ ownership of their data, more than less websites or games – that’s how players (‘data subject’).” The players will rely on the 400 current and former UK soccer players are assessed now… The simple message following arguments: (1) Lack of transpar- (known collectively as Project Red Card) are is in order to do that, you need a player’s ency and fairness, (2) Failure of consent bringing a lawsuit alongside former Cardiff consent, and you ain’t got it.”4 violates the legal processing requirement, City and Layton Orient manager Russell One could argue the player only owns (3) Failure to provide additional protec- Slade.

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