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57 Ariz. L. Rev. 823 (2015)
Time to Be Grown-Ups about Video Gaming: The Rising eSports Industry and the Need for Regulation

handle is hein.journals/arz57 and id is 828 raw text is: TIME TO BE GROWN-UPS ABOUT VIDEO GAMING: THE RISING ESPORTS INDUSTRY AND THE NEED FOR REGULATION Katherine E. Hollist Ten years ago, eSports were an eccentric pastime primarily enjoyed in South Korea. However, in the past several years, eSports have seen meteoric growth in dozens of markets, attracting tens of millions of viewers each year in the United States, alone. Meanwhile, the players who make up the various teams that play eSports professionally enjoy few protections. The result is that many of these players-whose average ages are between 18 and 22-are experiencing health complications after practicing as much as 14 hours a day to retain their professional status. This Note will explore why traditional solutions, like existing labor laws, fail to address the problem, why unionizing is impracticable under the current model, and finally, suggest regulatory solutions to address the unique characteristics of the industry. TABLE OF CONTENTS INTRODUCTION ..................... 824 I. WHAT ARE ESPORTS? ........................................... ...... 825 II. THE PROBLEMS PLAYERS FACE UNDER THE CURRENT MODEL....................... 831 III. THE COMPLICATIONS WITH COLLECTIVE BARGAINING .. ................. 837 IV. GETTING THE GOVERNMENT INVOLVED: THE WHY AND THE How.............. 840 A. Regulate the Visas. ........................................... 842 B. Form an eSports Association. .................................. 843 C. Require Leagues to Classify Paid Players as Employees ....... ....... 844 * J.D. Candidate, 2016. A heartfelt thanks to all of the members of the Arizona Law Review board for all of their work particularly Raisa Ahmad, Lexy Brooks, Sarah Mason, Jessica Schulberg, Chris Sloot, Leah Tinney, and Mitch Turbenson. I am also grateful to Professor Derek Bambauer, who was a tremendous resource throughout the process. Finally, I would be remiss not to reiterate my love and gratitude to my husband Eric and our children Gabe and Michael, who endured my video-game obsession with tireless resolve. Any errors are mine alone.

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