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22 SMU Sci. & Tech. L. Rev. 231 (2019)
Gotta Catch 'Em All! The Rise of eSports and the Evolution of Its Regulations

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  Gotta Catch 'Em All! The Rise of eSports and
             the  Evolution of its Regulations

                         Elizabeth Chung*

                         I.  INTRODUCTION
     It will inevitably shock many to find out that the video gaming industry
stands to be one of the most successful industries for upcoming generations.
In fact, it is predicted that the global gaming market will hit nearly $180
billion in revenues by 2021 (in 2012, the revenue market stood at a measly
$70.7 billion).1 This increase in market size reflect[s] the constant growth of
platforms, such as smartphones.2 In 2018, mobile games brought  in $61.3
billion in revenue, accounting for over 50% of the total gaming market, and
are expected to grow to $106.4 billion, or to about 59% of the total revenue,
by 2021.3 According to one study, there are about 2.3 billion gainers across
the globe,4 and  91%  of the global market  is digital.5 This means that
$125.3 billion worth of games flows through digitally connected channels as
opposed  to physical retail.6
     The transition from brick and mortar retail stores to online digital plat-
forms can be  seen across most industries. With this change, it is inevitable
that questions will arise surrounding how legislation will have to evolve and
adapt in order to properly accommodate  the transition. Further, much like
how  it is difficult to regulate a virtual currency like Bitcoin, it will be diffi-
cult to regulate the virtual world in the early stages of its life. Unfortunately,
with all of the good that the virtual universe could bring, it could also open
Pandora's Box,7 potentially including otherwise illegal activity. For instance,
this virtual world could potentially serve as a vehicle for transactions that


*    Elizabeth Chung is a 2020 candidate for Juris Doctor from SMIU Dedman
     School of Law. She received a Bachelor of Arts in English and Biological
     Sciences with a minor in Chemistry and Mathematics from Southern Methodist
     University in 2012.
1.   Dean Takahashi, Newzoo: Games Market Expected to Hit $180.1 Billion in
     Revenues in 2021, VENTUREBEAT  (Apr. 30, 2018), https://venturebeat.com/
     2018/04/30/newzoo-global-games-expected-to-hit-180-1-billion-in-revenues-
     2021/.
2.   Id.
3.   Id.; Bradly Shankar, Mobile Games Brought in $61.3 Billion in Revenue in
     2018: Report, MOBILESYRUP  (Jan. 17, 2019), https://mobilesyrup.com/2019/
     01/17/mobile-games-revenue-2018-report/.
4.   Takahashi, supra note 1.
5.   Id.
6.   Id.
7.   Greek  Myths  &  Greek Mythology,  https://www.greekmyths-greekmytholo
     gy.com/pandoras-box-myth/ (last visited Feb. 2, 2020).

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