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)
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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. [28] Moreover in 2022 Asian play together under one roof in order to Games, competitive video gaming will be a escalate their practice regime andbuild team medal event. [29] spirit amongst the players. Just like the
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ISSN 2349-9392 (Online); DOI: 10.16962/EAPJMRM/issn. 2349-9392/2015; Volume 5 Issue 1 (2019)
Alike traditional sport, cybersport has its theyare competition just like chess and fair share of professionals, cyber athletes, checkers. [34] Presently, eSports are not trainers, commentators, spectators and wholeheartedly considered as a sport but celebrities. Hence, eSports can be regarded there is a potential that they will be as competitive sports in the same way recognized as sports in the future. [35] chess, poker, darts; pool, ping pong, shooting and snooker are given recognition. Lack of proper governance and regulatory They are considered as mind- based sports framework that require extensive training and focus Although, eSport is a booming sector which like any other sport. [30] has been rising massively over the past couple of years but till datethere is no b) E-sport is an electronic sport but not unified source of governance.Governance a REAL sport in eSports is quite tricky as it is such huge The opponents argue that electronic sports and fast-paced industry which incorporates cannot be given the status of a real sport as numerous games. [36] There is no formal competitive video gaming do not involve body of regulation in the eSport industry. physical exertion, athleticism, skill and Nevertheless, there are some national stamina which are necessary requirements organizations but there is no global of a sport. It was being pointed that authority to modulate eSports. With the considering eGames as a sport is a absence of global authority, there will be civilizational rather than a semantic inconsistency in the rules and regulations impediment. [31] for the international tournaments. Presently, According to Oxford dictionary, sport can individual games are regulated by the game be defined as “a pursuit that involves publishers. Some publishers have full physical exertion and skill in which a control of the governance of their games person or team competes against another or and some don’t get involved at all.It has others for leisure.” Sport has three been observed that there is lack of fundamental attributes namely thephysical regulations for competitive integrity and component, competitiveness, institution or a paucity of regulations and policies for duty governing body that establishes rules and of care towards the players. It is regulations. Although eSports are recommended that eSports governance competitive and institutionalized but there should switch on from publishers to is lack of physicality. [32] The maximum (centralised) Global Sports Organisation as physical force optimized to play an eSport their main governing force in order to is the ability to press the buttons of the ensure more unified eSports governance for controller which results in zero physical divergent games rather than different exertion. By clicking the buttons on the publishers governing their own games. [37] controller swiftly with your thumbs neither make a gamer an athlete nor make gaming a Intellectual property rights sport. Although, eSports require certain Intellectual property is a crucial subject area amount of intelligence and skill to that eSports industry is endeavouring to strategize and play the game. But gaming is tussle with. E-sports involve considerable not as same as playing a sport even if it number of important intellectual property requires skill and henceby categorizing issues such as: cybersports as a sport is deemed unfit. [33] a) Whether the organizers are According to the former ESPN President, permitted to make copies or replications of John Skipper, even the growing popularity a game for their eSports tournaments or any of eSports won’t mark them as a sport as other purpose? 27
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ISSN 2349-9392 (Online); DOI: 10.16962/EAPJMRM/issn. 2349-9392/2015; Volume 5 Issue 1 (2019)
Generally, computer and video programs be accorded atleast to the professional are capable of being protected under the eGamers. For example, some eGamers are Copyright Act. Although, merely the required to develop exhaustive strategies to specific manifestation of a computer be victorious which might be program (i.e., the source code and object regardedadequate for according an ancillary code) is capable of protection. Apart from copyright. On the contrary, some eGames that, audiovisual components of a computer only entail a certain level of dexterity, or video game (such as game characters, finesse and responsiveness. Consequently, landscapesor other contents) can be it might appear quite undetermined that fortified under the copyright law provided they could be expounded in individual they surpass the threshold of originality. modes, particularly as the frontiers appear Under the copyright law, the to be quite blurred. [38] diverseelements can be protected discretely in one of the work categories (such as Exploitation of players cinematographic works) or altogether with E-Sports is an electrifying new arena, not the overall work. Against this framework, only in the sports industry but also in the the permanent or interim replication of a legal field.It not only involves commercial computer or video game is subject to the and intellectual property issues, but it also consentof the rights owner (who is draws the attention of the industry for usuallythe publisher). The end user license theprotection of players. The progression of agreements frequently used by publishers E-sports from indoor hobby to professional normally prohibit the mercantile use of gaming demands a discoursein order to computer and video games. Hence, the recognize the legal status of the players for organizers of eSports tournamentsare the purpose of safeguarding their rights. required to make sure that they procure the [39] Although, the eSports industry is obligatory usage rights in order to make the thriving persistently over the years but still computer or video game publicly accessible it is unable to address the issue of gender at their tournaments or by other distribution diversity. In most of the competitive channels such as online streams. eGames, male players and teams tend to subjugate. Women are not precluded from b) Whether there is any performance right joining teams with male players or for the participants? participating in the big events, but stillthere Usually, the performers (actors or singers) are few female players involved in eSports. have the right to their performances being Certainly, there are plenty of opportunities recognized as their own. The issue is for women to excel in this field. But there whether eGamers can be contemplated as are issues such as existing wage gap performers in the same manner as actors or between male and female players, [40] singers and thuspossess copyright incessant exploitation and sexual protection for their style of play? The harassment which is responsible for less precondition for a corresponding ancillary female participants in the eSports industry. copyright would be that eGamers make a [41] Sexual abuse has even become discrete interpretation of the work while prevalent in the live streaming community. playing video or computer game. Although, [42] Apart from gender inequality, there has real athletes are not regarded as performers. been concern over the standard of life and Whereas, video and computer games can potential maltreatment of players by the primarily be considered as works and organizations. Some of the organizations hence, an ancillary copyright subject to the have been accused of practicing incessant respective video or computer game should harassment, refusing to pay competitive
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ISSN 2349-9392 (Online); DOI: 10.16962/EAPJMRM/issn. 2349-9392/2015; Volume 5 Issue 1 (2019) remunerationand developing harsh training causes severe risks to the players’ regimes. The players are expected to train health.[47] for 14-16 hours per day sitting in small semi-private cubicles in order to minimise Regulation of E-sports distractions and maximize playing hours. E-sports, alike traditional sportsare fraught Hence, it becomes essential to protect the with challenges. As eSports is budding into rights of the players by providing them a big industry, it has involved many legal appropriate infrastructure, better job and ethical issues which need to be security, fairer compensation and protection addressed. Hence, there is an immediate from exploitation. [43] desideratum for proper governance and regulatory framework. Gambling The eSports industry lacks a unified source Illegal gambling in eSports is becoming a of governance. Presently, each eSport is pervasive problem. There are two discretely governed by the game publishers. mainmodesfor eSports betting: in-game The game publishergoverns with full purchase (skin betting) and cash gambling legitimacy based upon the fact that the (gambling with real money). There are game is their intellectual property.The other numerous cases where cash-equivalent impediments with eSports governance are: items (such as skins) have been wagered. lack of uniform regulations directed at Skins are virtual collectiblesthat changes ensuring competitive integrity andpaucity the mien of a player’s in-game avatar, of policies and regulationsfor duty of care equipment or weapons. The cash gambling towards the players. on the other hand is alike the cash-based There have been two cardinal strives at market for traditional online wagering. [44] instituting a Global Sports Organisation Gambling on eSport matches is (GSO) for eSports, International e-Sports consideredillegal in major markets.Also, the Federation (IeSf) and World Esports key to match fixing is in gambling. [45] So, Association (WESA). Both organisations in order to circumventgambling scandals, it seek to attainmost of their legitimacy by thus becomes necessary to intervene and inputs rather than outputs. IeSf seeks this by regulate the market. essentially imitating the model of traditional GSOs, whereas WESA does this Cheating by having illustrious eSports brands as their Cheating in online gaming competition is members. None of the organisation has quite prevalent thatit ruins the uprightness been responsible for any results that are of eSports industry. Gaming developers and favourable for the industry, rather than their the eSports organizations are in a constant own organisation. Out of the two, WESA is battle against the hackers and people who more plausibly the organisation with make cheat codes. Dell even advertised a potential to bloom in real eSports GSO as new laptop in China by claiming that it is IeSf comprises of many national good for cheating at PUBG. [46] There is federations. This system of governance is no real way to stop cheaters besides holding abysmally suited to the industry. [48] offline tournaments. Also, the cyber athletes frequentlymake Policy recommendations useof the stimulants in order to boost their concentration, improve performance and For improving the governance and prevent weariness. The unregulated use of regulation of eSports industry performance- enhancing drugsnot only In lieu of being guided by the actions of undermine the ethos of eSport but also publishers, eSports governance should 29
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ISSN 2349-9392 (Online); DOI: 10.16962/EAPJMRM/issn. 2349-9392/2015; Volume 5 Issue 1 (2019) move towards a spherewhere a global sports avoid future disputes and potential organisation (GSO) is the chief governing liabilities. [51] body. A GSO would tend toprovide for more unified eSports governance across For preventing players’ exploitation divergent games than different publishers As eSports raises labour law issues, there is governing their own games. Global a need to provide protection to the players regulation is indispensable for the long- by enacting relevant laws pertaining to term subsistence and consistent growth of labour in eSports. Also, the players need to eSport. Such an arrangement will provide be vigilant with regards to the terms and certainty and consistency throughout the conditions of their contracts. They must eSport industry. [49] ensure that the contract must state their Apart from that, it is also essential for the salaries, timely payments and working governing bodies to take their rolesand hours. Furthermore, legal assistance and responsibilities quite seriously. The game awareness must be provided to the players publishers are still the most legitimate with regards to the endorsement authority. The governing bodies can play a agreements. [52] There is an immediate peripheral role where they can formulate need to establish women’s complaint cell in minor forms of policy or make deals. In order to prevent the harassment and order to become a true GSO, the exploitation of female players. organisation needs to be more licit than a publisher. The areas where publisher’s For interceptingIllegal gambling and governance is lacking, GSOs can step in. cheating WESA has a more potential to become a Regulated eSports gambling is the pathway proper GSO as it has several pertinent to legitimacy. In order to combat underage actors as its stakeholders. [50] gambling, stern age verification measures
should be adopted. [53] Stringent actions For safeguarding the intellectual property should be taken against the players and the rights parties involved in the match-fixing in order The game developersusually own the IP to overcome the issue of match-fixing as it rights associated with the content, tumbledown the probity of the eSports characters and gameplay of an eSport game. industry. It is also advisable to conduct By granting the permission to use these IP random drug testing for the players in order rights can benefit the game developers in to prevent doping. [54] promoting their games and strengthening their brand in the eSports industry. Conclusion Likewise, the support service providers’ E-sports mania is quite prevalent amongst and eGamers can gain widespread the youth. It has been widelyextolled, recognition and earning power by being played and viewed by the people.It has been permitted to use eSport IP. Hence, the regarded as the “manifestation of developers and eGamers should consider sportification”. [55] As the eSport industry the potential licensing arrangements casing is blossoming very gracefully, it has the use of eSport IP as being mutually involved many legal and ethical issues advantageous. This licensing arrangement which must be addressed.In order to ensure is also likely to cause unwarranted use or its proper functioning, the government must use beyond the grant of licence. In order to play an active role in the regulation of overcome this issue, a pre-emptive analysis eSports industry by formulating uniform set of prospective rights associated with eSport of rules and ethics guidelines. This industry content under thepresent IP regulations can is doing stupendous business and hence it 30
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) must ensure fairness in order to get more [10] Paul Tassi, The U.S. now recognizes eyeballs and wallets into the market. eSports players as professional athletes, Forbes (14/07/2013), available at References
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) https://en.wikipedia.org/wiki/Beijing_Natio gamers/4507448.html> , last seen on nal_Stadium , last seen on 25/12/2018. 27/12/2018. [19] Dom Sacco, Manchester United [26] John Koetsier, Esports: The new entered bidding war with Fnatic as they football scholarship? Gaming scholarships look to sign their first esports team, Esports for college grew 480% last year, Forbes News UK (09/06/2016), available at (12/05/2018), available at
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ISSN 2349-9392 (Online); DOI: 10.16962/EAPJMRM/issn. 2349-9392/2015; Volume 5 Issue 1 (2019)
[34] ESPN President says eSports is ‘Not a /whats-the-score-on-gender-diversity-in- Sport’, Game Rant, available at esports/ , last seen on 31/12/2018.
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) https://mahwengkwai.com/mwka-esports- social networking sites: Issues, concerns meta-inconsistencies-esports-need- and recommendations, 33(2) Aloma: revista governance-part-1/ , last seen on de psicologia, ciencies de I’educacioi de 03/01/2019. I’esportBlanquerna 1, (2015), available at [50] Esports governance and its failures,
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