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The Future is Now: Esports Policy Considerations and Potential Litigation

Competitive video gaming is rapidly gaining mainstream attention. Major U.S. television networks have commenced broadcasting such competitions. The term esports has been assigned to the practice, but it remains to be seen whether lawmakers and regulators agree that the contests are indeed sports. This paper provides a comprehensive examination, analysis, and application of the tests that have previously been used to determine whether an activity is a sport. We illustrate potential streams of litigation, some of which are specific to activities classified as sport. The emergence of esports in the United States has highlighted the absence of a legal definition of sport. Be it the newest form of sport or not, esports afford a glimpse to the future of creative competition, business innovation, and the related legal, policy, and litigation implications emerging alongside this new (sporting or otherwise competitive) activity.