In the course of a FaceTime call during this pandemic, your grandparents might have mused aloud as to why someone would choose to watch someone else play video games. They have clearly never seen how many thousands of followers subscribe to the YouTube channels of Internet-famous personalities who make video game walkthroughs and otherwise earn a living by playing video games in front of an audience. Your grandparents might also not have been aware that in the 1980s, your parents were in the video arcade, gathered around a colorful plywood console where the neighborhood kid with the most impressive Donkey Kong playing skills was cementing his reputation. Always ahead of its time, Nevada is now seeking to create a commission to regulate esports competitions.
What Are eSports, and Are They Really Sports?
The debate over whether playing video games is a sport does not have a clear answer. Those who would answer in the negative claim that sports require physical fitness, and except for Dance Dance Revolution and its ilk, video games do not. It is definitely possible to play them competitively, to the great entertainment of an audience. Chess and poker do not technically qualify as sports, but there is still a public willing to pay money to watch people play them, whether live or on televised or live streamed competitions. In other words, esports are sports at least as much as some of the other competitive activities that people come to Las Vegas to watch and to place bets.
What Will the Proposed Esports Commission Do?
Nevada Senate Bill 165 proposed to create a three-person commission to regulate esports competitions in Nevada. If the bill becomes law as it is written, the commission will have the following responsibilities:
- Ensuring the integrity and fairness of esports competitions
- Testing participants for performance-enhancing drugs and other controlled substances
- Verifying the qualifications of players and judges in esports tournaments
- Approving venues for esports competitions
The draft of the bill also contains a provision to criminalize violations of the esports regulations; violations could be prosecuted as second-degree misdemeanors. The authors of the bill have indicated that they are open to removing this provision if doing so would make it easier for the bill to pass.
SB165 is a response, in part, to the surge in popularity that the competitive esports enjoyed during the pandemic; it is possible, after all, to win an esports tournament without breathing on your teammates. The bill takes its inspiration from legislation that went into effect when mixed martial arts tournaments first came to Nevada. Mixed martial arts events have since become a major source of revenue in the state.
How Your Lawyer Can Help You Comply With Nevada eSports Laws
If your company wants to be involved with esports competitions in Nevada, you should work with a business law attorney to make sure that you are following all of the regulations correctly.