Regulatory Models in E-Sports

Abstract

The paper provides an analysis of regulatory models in e-sports with the purposeof identifying regulatory gaps and ways to address them. The methodology of thestudy embraces the general philosophical method (analysis, synthesis, logical andsystemic methods) and specifically legal methods (including formal legal analysis).The study comprises two stages: firstly, examination of regulatory gaps in e-sportsfrom the doctrinal perspective; secondly, case studies arising in the course of and/orin connection with e-sporting events and causing enforcement problems. The authorsidentify the following doctrinal gaps: nature of relationship between the concepts ofcomputer sports and e-sports, and other related concepts involved in virtual realitycontests; delimitation of the public and private spheres in the legal regulation ofe-sport; feasibility of e-sports law as a complex branch of sports and digital law; tworegulatory approaches/models: self-regulation of e-sports by approving gamingrules, gaming codes of conduct etc. versus external regulation, with the existing legalinstitutions and legal provisions applicable to disputes at the nexus of virtual andactual reality; rules and methods of applying real law to virtual reality; limits of applyingsports provisions and rules to relations in e-sports.The authors identify the followingenforcement gaps: legal status of e-athletes from the perspective of labour and civillaw; taxation of the income gained in the course of or in connection with an e-sportingevent; legal status of computer games as an object of civil law; legal regulation ofgame streaming; legal status of book-makers in the e-sports market. Based on thefindings, the authors conclude the explosive growth of the computer game marketargues in favor of detailed regulation of legal relations in e-sports.