(Intellectual P Technology) from Un and BA.LLB from Bha E-Mail
Total Page：16
File Type：pdf, Size：1020Kb
ELK ASIA PACIFIC JOURNAL OF COMPUTER SCIENCE AND INFORMATION SYSTEM ISSN 2349-9392 (Online); DOI: 10.16962/EAPJMRM/issn. 2349-9392/2015; Volume 5 Issue 1 (2019) www.elkjournals.com TREATMENT AND REGULATION OF e-SPORTS Riya Gulati Paralegal at Law Offices of Caro Kinsella and Youth Ambassador for the ONE Campaign, Ireland. LL.M (Intellectual Property & Information Technology) from University College Dublin and BA.LLB from Bharati Vidyapeeth Deemed University, Pune E-mail: [email protected] Abstract The E-Sportsports industry has seen prodigious upsurge over the years both in terms of revenue and viewership. The three radical chunks that contributed to the esports industry’s rise as the succeeding major spectator sport are as follows: streamed competitions with methodical leagues, proficient contenders can be viewed from anywhere, and live events in top-tier offline sports venues. E-sports has been globally embraced but alike traditional sports, it is girdled with challenges. This paper aims to provide the pith of E-Sports by exploring the crucial issues involved in the cyber sports such as: whether eSports is contemplated as a sport or not?, lack of proper governance and regulatory framework, intellectual property rights issues, exploitation of players, gambling and cheating. It will also accentuate on the necessity to have a proper regulation of eSports by pivoting on the policy recommendations. “What makes the eSports industry such a captivating market is its ability to take video games- ideally played on a couch with a bag of chips and soft drink- to an arena suited for basketball or hockey”- Ben Charlson Key Words: Electronic sports, competitive gaming, eGames, cybersports, eGamers, traditional sport. Introduction game with fans watching on the screens. [1] There is a new type of sport that has Electronic sports industry has been rising become extremely modish amongst the constantly over the years and many children and adults who enjoy competitive companies are realising that there is a lot of video gaming. E-sports not only take place money they can make from it. [2] Amazon inside the living rooms, but now huge purchased the video game live-streaming eSports tournaments are conducted all over platform, “Twitch,” in order to ensure itself the globe in big arenas where the gamers a foothold in eSports. Globally, eSports compete against each other for a specific have become the number one consumer- 24 ELK ASIA PACIFIC JOURNAL OF COMPUTER SCIENCE AND INFORMATION SYSTEM ISSN 2349-9392 (Online); DOI: 10.16962/EAPJMRM/issn. 2349-9392/2015; Volume 5 Issue 1 (2019) entertainment industry transcending the Korea e-Sport Association (KeSPA) in film and music industries. [3] E-sport is a order to manage and regulate e-sports in perfect exemplar as of how the South Korea. [7] No other country has amalgamation between the technological embraced the new trends of esports as progress, cultural environment & traditional harder as South Korea. entertainment can open the door for a completely new and full-blownindustry. Issues involved in E-sports Although, eSports are not universally contemplated as a sport, but it has aptly There is an ongoing debate on whether E- been put up by Steve Bornstein that sports should be contemplated as a sport “eSports will rival the biggest traditional or not? sports leagues in terms of future a) Treatment as a Sport: opportunities” The proponents of eSports point that the E- sports can be regarded as “real sports” as Overview of E-sports there are many correspondences between E-sport is relatively a new conception, but the traditional sports and eSports. competitive gaming existed quite a long time Article-2 of The Council of Europe Charter ago. It started with the bunch of kids playing defines sports as “all forms of physical video game together in a room which now activity that by casual or organised have turned into a worldwide phenomenon involvement aims at expressing or which is sold out in stadiums. The earliest revamping physical robustness and mental known video game competition was health, forming social relationships or conducted at the Stanford University in 1972 obtaining repercussions in competition at whereby the students were invited to play the all levels.” [8] As per the definition, there game of “Spacewar” whose grand prize was must be physical exertion in order to one-year long subscription of Rolling Stone constitute sport. Although, the presence of magazine.In 1980, The Space Invaders virtual environment and lack of physical Championship held by Atari was first large- activity makes it difficult to label them as scale video game competition that gained the sports. But, the players’ unique talent, skill attention of large-scale participants over the and determination mirror that of “real” U.S which established competitive gaming as athletes, even though their physical fitness a lame stream hobby. [4] Also with the advent differs. Alike professional athletes, the of the internet, many games (especially the PC gamers also undergo extensive training in games) were benefitted. order to maintain an equilibrium in their physical, mental and emotional health. [9] It South Korea is considered as the “Mecca of is not only the eSports community that e-sports” as it has played a pivotal role in regards the players as athletes, but the U.S. the expansion of this industry. [5] The LAN Federal Government has also recognizedthe gaming centre or PC bang in South Korea players as professional athletes. [10] The has become popular amongst the gamers as professional players are now eligible to get it has been providing access to expensive P-1 Visa to visit the U.S for the purpose of and high-end personal computers that are participating in eSports competitions. [11] specifically designed for video gaming It was observed that the eSports viewership comparatively at a cheaper price. [6] will continue to bear substantial Competitive gaming became such a popular resemblance to traditional sports. [12] and respectful activity over here that the Acclaimed for its usability and Ministry of Culture, Sports and Tourism comparatively lag-free video quality, gave its approval for the foundation of Twitch.tv is contemporaryindubitableleader 25 ELK ASIA PACIFIC JOURNAL OF COMPUTER SCIENCE AND INFORMATION SYSTEM ISSN 2349-9392 (Online); DOI: 10.16962/EAPJMRM/issn. 2349-9392/2015; Volume 5 Issue 1 (2019) of streaming platforms for the video athletes in traditional sports, the players in gamers. Although its integrated chat service thegaming houses work within a stabilized swiftly became prevalent with abuse, it schedule and a vigorous command succeeded in bringing fans altogether and structure. [22] Personal trainers, life stimulating audience involvement. coaches, psychologists, nutritionists and Contemporary gaming solaces now play chefs have been hired by the investors in home to a Twitch.tv app which permits order to maintain healthy lifestyle of the theusers with minimal or no technical players. [23] expertise to live-stream their content to the Also, the universities from all over the world at the touch of a button. [13] The globe have started offering eSports Worlds 2018 has made a new record of the scholarships. [24] It has been observed that maximum number of viewers in the history gaming hasoutreached at such a high level of eSports. [14] The fans not only watch it of competitiveness that some schools and online, but the popular eSports tournaments colleges are providing financial assistance have sold out huge arenas and stadiums. to students who play for their eSports team. [15] Every eSport game has its own The varsity eSports players receive funding professional leagues and tournaments that for their schooling and housing in a similar are held around the world and it has been manner that a college sports team receive evidenced that the number of gaming scholarship. [25] With a rise in the growth competitions are growing at a fast pace. rate of eSports, it is plausible that [16] In the year 2014, the League of professional gaming will overhaul some or Legends World Championship finals took all the significant professional sports place in the second largest arena where the leagues and that is probably the reason why FIFA World Cup took place. [17] In 2017, the universities are providing eSports the League of Legends World scholarships. [26] Championship was held at the Beijing E-Sport is being discussed for the 2024 National Stadium where the Summer Olympics. According to the International Olympics took place. [18] Olympic Committee President, Thomas Manchester United even got into a bidding Bach, two encumbrances were faced for war with Fnatic over an eSport team. The presenting eSports as an Olympic event. world’s biggest football club (Manchester Firstly, they would regulate those games United) got into a bidding war against that contain violent content.A game which Fnatic (which is one of the biggest names in promotes violence or discrimination is eSports) over Overwatch team.[19] It is not contradictory to Olympic values and for the first time that the traditional sports thereby cannot be accepted.Secondly, there organizations or prominent sports figures or is paucity of a global sanctioning authority celebrities tried to dabble into eSport. [20] for eSports to coordinate further. Hence, it The three-time National Basketball was suggested that the eGames that are Association champion and actor, Rick Fox centred on games that stimulate real sports became the first high profile athlete to jump (FIFA series and NBA 2K) will be into the E-sports world by purchasing a recognized. [27] There seems to be a long professional League of Legends Team way ahead for the eSports to be completely (Echo Fox) in 2015. [21] accepted into the Olympics but there are The eSport organizations invest heavily on fine chances that it could be an Olympic “team houses” where the team can live and sport in 2024.