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2020 U. Ill. L. Rev. 509 (2020)
A Short Treatise on Esports and the Law: How America Regulates Its next National Pastime

handle is hein.journals/unilllr2020 and id is 515 raw text is: A SHORT TREATISE ON ESPORTS AND THE LAW: HOW AMERICA REGULATES ITS NEXT NATIONAL PASTIME John T. Holden* Marc Edelman * * Thomas A. Baker III* * * With its tremendous popularity among Millennials and Generation Z, esports represents one of the fastest growing segments of the U.S. sports and entertainment market. It is the source of massive amounts of venture capital inflow, unprecedented marketing and media dollars, and altogether new forms of social networks and fan engagement. Nevertheless, the indus- try of esports is still in its infancy and faces legal challenges that have not yet been fully studied by either legal academics or practitioners. This Arti- cle provides an in-depth analysis of the primary legal issues that face the esports industry as it pursues its path toward becoming America's next ma- jor national pastime. TABLE OF CONTENTS I. IN TROD U CTION ....................................................................................... 5 11 I . H ISTORY OF ESPORTS ............................................................................. 513 A. Before the Video Gam e................................................................... 513 B. The R ise of the A rcade.................................................................... 514 C . The A rcade at H om e....................................................................... 515 D. The Rise of Organized Gaming Competitions ................................ 517 E. The Billionaires Enter the Marketplace ......................................... 519 III. THE ESPORTS INDUSTRY TODAY ............................................................ 521 A. Market Overview ............................................................................ 521 1. Industry Growth ...................................................................... 521 * John T. Holden is an Assistant Professor in the Department of Management at the Spears School of Business at Oklahoma State University. Holden received his Ph.D. from Florida State University and his J.D. from Michigan State University. ** Marc Edelman is a tenured Professor of Law at the Zicklin School of Business, Baruch College, City University of New York. He is also an adjunct professor at Fordham University School of Law. Professor Edel- man may be reached at Marc@MarcEdelman.com. *** Thomas A. Baker III is a tenured Professor of Sports Law in the Sport Management Program at the University of Georgia. Dr. Baker received his Ph.D. from the University of Florida and his J.D. from Loyola University of New Orleans. 509

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