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Articles 1 - 22 of 22
Full-Text Articles in Law
Fairness Or Equality? Participation Of Esports Players With Disabilities In Esports Competition, Tsubasa Shinohara
Fairness Or Equality? Participation Of Esports Players With Disabilities In Esports Competition, Tsubasa Shinohara
Marquette Sports Law Review
No abstract provided.
Wii Need Clarity: A Proposed Federal Amendment To Trademark Confusion Tests Through The Lens Of Esports And Electronic Word Marks, Patrick K. Doll
Wii Need Clarity: A Proposed Federal Amendment To Trademark Confusion Tests Through The Lens Of Esports And Electronic Word Marks, Patrick K. Doll
Marquette Sports Law Review
No abstract provided.
Usespa? Exploring The Idea Of A U.S. Esports Regulatory Authority, Justin Hung
Usespa? Exploring The Idea Of A U.S. Esports Regulatory Authority, Justin Hung
The Journal of Business, Entrepreneurship & the Law
This article will conclude, ultimately, it is a matter of policy with two convincing sides best left for the public to decide. First, having a monolithic regulator for all esports in the United States is unnecessary to address many of the legal issues esports faces and may actually cause more legal issues. Second, some centralized effort or a centralized association to heighten and universalize standards would be beneficial because it would allow market participants to address the systemic threats to the esports market. As to a centralization, this article will argue the most effective means to accomplish such a task …
The Overwatch League's Structure Provides Esports With The Ultimate Charge For A "Gamers Union" Transcendence, Kyle T. Kasper
The Overwatch League's Structure Provides Esports With The Ultimate Charge For A "Gamers Union" Transcendence, Kyle T. Kasper
Marquette Sports Law Review
No abstract provided.
Gambling On Video Games: The Global Esports Betting Market And The Dawn Of Legalized Esports Gambling In The United States, Jake Bland
University of Miami International and Comparative Law Review
This Note compares eSports gambling regulations in the United States with regulations implemented in various foreign countries. eSports is a rapidly growing form of sport competition centered around video games. Video games have been a widely popular form of entertainment spanning the globe for many years. However, treating video games as a professional sport and form of monetized competition is a very recent phenomenon in the global mainstream market. Like traditional sports such as football and basketball, eSports have garnered significant attention in the gambling market. Sports betting has long been prevalent in the underworld of the United States, but …
Esports And Title Ix: Addressing Scholarship Distribution Across Gender Lines In Collegiate Esports Programs, Adam Martin
Esports And Title Ix: Addressing Scholarship Distribution Across Gender Lines In Collegiate Esports Programs, Adam Martin
Brigham Young University Prelaw Review
Since its implementation in 1972, Title IX protects people in the United States from discrimination on the basis of sex under any education program or activity receiving federal financial assistance. Currently, women do not receive scholarship funds from universities with esports programs proportionate to their overall participation in esports. The Department of Education’s Office of Civil rights, which oversees Title IX implementation, currently does not have a concrete definition for “sport.” Instead, they evaluate any given activity as a “sport” under Title IX on a case-by- case basis using the following three criteria: whether or not the activity has a …
Deliberately Indifferent: An Analysis Of Sexual Harassment Claims In University Sponsored Esports Activities Using Simpson V. University Of Colorado Boulder’S Deliberate Indifference Standard, Peyton Phillips
Marquette Sports Law Review
No abstract provided.
Professional Gamers Are Today’S Professional Athletes, Troy Viger
Professional Gamers Are Today’S Professional Athletes, Troy Viger
Georgia State University Law Review
Recall the adversities faced by many in the entertainment industry. Freddie Mercury tried to join several bands before forming Queen. Judy Garland signed with Metro-Goldwyn-Mayer at age thirteen after performing with her sisters throughout her childhood. Babe Ruth signed his first professional baseball contract with the minor-league Baltimore Orioles. Those same historic adversities faced by these giants of the entertainment industry are being repeated today in a closely related field—the Esports industry.
Esports, a form of competitive video gaming, attracts audiences that “rival some of the world’s great sporting events.” A thorough due diligence review of the industry-norm contract must …
Pausing The Game: Esports Developers’ Copyright Claims To Prevent Or Restrict Tournament Play, Alexander Tu
Pausing The Game: Esports Developers’ Copyright Claims To Prevent Or Restrict Tournament Play, Alexander Tu
Vanderbilt Journal of Entertainment & Technology Law
Unlike traditional sports, esports are-—at their core—-video games, which must be designed and programmed by a game company. These video game developers are the copyright owners of the esports titles they create, which, in turn, results in continued developer control even after a player has purchased or downloaded the game. Because there is no relevant court precedent that is directly applicable to the world of esports, game developers unimpededly exert their copyright authority in order to restrict third-party tournaments that utilize their games, and in some cases, prevent those events from occurring altogether. This use of copyright authority is an …
Legal And Practical Barriers To The Viability Of Traditional Esports Titles As Olympic Medaling Sports, Quinn A. Stigers
Legal And Practical Barriers To The Viability Of Traditional Esports Titles As Olympic Medaling Sports, Quinn A. Stigers
Marquette Sports Law Review
No abstract provided.
The Principles Of Esports Engagement: A Universal Code Of Conduct, Yen-Shyang Tseng
The Principles Of Esports Engagement: A Universal Code Of Conduct, Yen-Shyang Tseng
Journal of Intellectual Property Law
Section I of this article provides a brief background of esports and the ESA. Section II states the four principles of esports engagement announced by the ESA. Section III applies these four principles by reviewing specific problems that have plagued the video game and esports industries, such as toxicity (especially towards women and other minorities), swatting, cheating, and other malicious behavior. This article concludes by discussing implementation of a universal code of conduct in esports based on the principles of esports engagement.
Esports, Player Positions, And The Benefits Of Unionization, Roshan Patel
Esports, Player Positions, And The Benefits Of Unionization, Roshan Patel
Duke Law & Technology Review
No abstract provided.
Tfue V. Faze Clan And Newly Created Players Associations: What Has Happened And How Will It Impact The Future Of Esports?, Chase Cripe
Marquette Sports Law Review
No abstract provided.
Here Comes A New Challenger! Esports And California Ab 5, Patrick Hankins
Here Comes A New Challenger! Esports And California Ab 5, Patrick Hankins
Marquette Sports Law Review
No abstract provided.
Esports And Its Reinforcement Of Gender Divides, Kruthika N. S.
Esports And Its Reinforcement Of Gender Divides, Kruthika N. S.
Marquette Sports Law Review
None
Pre-Game Strategy For Long-Term Win: Using Trademark Registration And Right Of Publicity To Protect Esports Gamers, John Bat
Catholic University Journal of Law and Technology
The soaring popularity of esports across the globe has turned ultra-talented gamers into a blend of athlete and entertainer. The youthful esports ecosystem is exploding in growth, and the world is taking notice. But are the gamers who are eyeing professional play taking basic legal steps to develop and shield their brands, as well as bolster their collective negotiating leverage with teams, leagues, and miscellaneous entities? This note explores what features of an up-and-coming esports gamer might be worth protecting through a trademark and/or personality-rights schema, which in turn, could assist competitive gamers who are interested in developing their careers …
A Call Of Duty To Counterstrike: Cyberharassment And The Toxic Gaming Culture Plaguing Female Gamers And Developers, Natasha N. Phidd
A Call Of Duty To Counterstrike: Cyberharassment And The Toxic Gaming Culture Plaguing Female Gamers And Developers, Natasha N. Phidd
William & Mary Journal of Race, Gender, and Social Justice
The frequency with which female gamers and game developers experience sexual harassment and threats of violence online is significant enough to warrant concern about a section of our society— female gamers and game developers—having their sexuality and gender identity used against them, both as weapons and as barriers blocking them from access to a lucrative economic venture. An examination of the 2014 Gamergate controversy and various other instances of cyberharassment against female gamers and developers, as well as a look into the realm of eSports and an analysis of cyberharassment and the concept of true threats, indicate that this particular …
A Polymorphic Approach To Esports Betting, Chadohl Kang
A Polymorphic Approach To Esports Betting, Chadohl Kang
Brigham Young University Prelaw Review
With the Supreme Court ruling in Murphy v. NCAA, states can legalize sports betting. Many states have chosen to do so. Unfortunately, it is still unclear whether electronic sports, or Esports, is included in the legislations. This is due in part to society not seeing Esports as a true sport. For a growing, nearly billion dollar industry, this isn’t good news. The polymorphic approach can be a resolution to this situation. The polymorphic approach to sports allows states to decide if it is in their interest to view Esports as a sport in betting legislation. Based on the possible revenue …
"Skins" In The Game: Counter-Strike, Esports, And The Shady World Of Online Gambling, Taylor Stanton Hardenstein
"Skins" In The Game: Counter-Strike, Esports, And The Shady World Of Online Gambling, Taylor Stanton Hardenstein
UNLV Gaming Law Journal
No abstract provided.
The First Competitive Video Gaming Anti-Doping Policy And Its Deficiencies Under European Union Law, Colby Stivers
The First Competitive Video Gaming Anti-Doping Policy And Its Deficiencies Under European Union Law, Colby Stivers
San Diego International Law Journal
This Comment identifies the deficiencies of the ESL anti-doping regime and proposes solutions for compliance with international law. In addition to achieving compliance, the proposed solutions analyzed are selected to serve the values of eSports stakeholders, as well as the philosophical valuesof sports competition as a whole. Section II will identify those stakeholdersand values. Section III will identify and attempt to solve potential noncompliancewith EU treaty-based law under the European Convention on Human Rights and resolutions of the Council of Europe. Section IV will identify and propose solutions transposed from traditional sports anti-doping policies that address discrepancies with EU law …
Not Just A Game: The Employment Status And Collective Bargaining Rights Of Professional Esports Players, Hunter Amadeus Bayliss
Not Just A Game: The Employment Status And Collective Bargaining Rights Of Professional Esports Players, Hunter Amadeus Bayliss
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Fantasy (E)Sports: The Future Prospect Of Fantasy Sports Betting Amongst Organized Multiplayer Video Game Competitions, Matthew R. Tsai
Fantasy (E)Sports: The Future Prospect Of Fantasy Sports Betting Amongst Organized Multiplayer Video Game Competitions, Matthew R. Tsai
UNLV Gaming Law Journal
No abstract provided.