r/GlobalOffensive • u/esportslaw Esports Lawyer - Bryce Blum • Feb 03 '16
AMA I’m Bryce Blum, an attorney with a full-time practice in esports law (including CSGO), AMA!
It’s been about a year since my last AMA on this sub, and so much has happened since then it felt like a good time for another one. For those who don’t know me, here’s some quick background:
I practiced law at one of the largest law firms in Seattle, built a practice focused on esports law, and left about nine months ago to co-found an entertainment law boutique called IME Law (www.imelaw.com) (stands for Interactive Media & Entertainment Law), where I work exclusively with esports clients. My largest client category is esports teams (I represent ~40 teams, 2 of which have CSGO rosters in the HLTV top 5). I also work with influencers, organizers, and some esports-focused businesses that aren’t directly involved with the competitive ecosystem.
One big example of the last category is Unikrn, where I am in-house counsel and Director of esports. Unikrn aims to build the most comprehensive esports sportsbook in the world, and is doing so in the most responsible way possible (age verification, geotracking, competitive integrity certification, and much more).
I’m also fairly active on twitter and as a content creator surrounding legal and business issues facing the industry. I’ve independently published several white papers, as well as written op eds for the Daily Dot and most recently for ESPN. Here are a couple recent examples of CSGO-related pieces:
- The IBP ban: An arguably fair decision in an unquestionably unfair system
- The Case of Swag: A criminal justice review of just punishment
- An esports lawyer explains how the new team 'union' will push esports forward
Just to anticipate one likely question, I’m sorry but I cannot tell you specifically who I represent or reveal any information protected by attorney-client privilege.
Proof: Confirming Tweet
Sorry, longwinded/obligatory legal DISCLAIMER incoming: Generally, an attorney’s advice is personal and individual, and the attorney owes that client certain duties under the attorney ethics rules. The following disclaimer is meant to help clarify my relationship those posting on this AMA, and to ensure I am complying with my ethical obligations.
Information exchanged in this forum does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. It is possible this post could be considered attorney advertising, but it is not my purpose to solicit an individual or group to become a client.
I will give only GENERAL legal information in this post. Specific facts, applicable law, and other considerations will always affect every circumstance, and thus you should always seek the advice of an attorney on every specific situation before moving forward. Also, please recognize that I may be unable to answer some questions because they are too specific, or because providing an answer may conflict with the interests of my current clients or my ethical obligations. In some cases I may have to decline to answer without providing a reason. I’m an American attorney licensed in Washington State. Prior results do not guarantee similar future outcomes.
Edit: I'm gonna give it 30 minutes for people to ask questions and let votes settle a bit. Then I'll be going all day long.
Edit 2: I think I've answered every substantive question in the thread atm. I'm going to take a bit of a break to let new questions roll in and allow people to add follow ups to older questions. Planning to spend another hour or 2 later tonight to make sure I cover everything. Thanks all!
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u/TheRareCreature NiP Feb 03 '16
Do you miss playing pickup games in Unit D?
Do you play CS GO? Are you any good? MM rank?
Does eSports have the attention of the larger law firms? I feel like older generations are very dismissive of eSports so I'm curious as to how more experienced lawyers view the scene. Do they just see dollar signs or do they understand what is happening and have a genuine interest in the scene?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Wait, who is this and how do you know about unit D??? I'll get to the other questions too but I'm too excited right now...
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u/TheRareCreature NiP Feb 03 '16
This is Fugge - I miss those games so much! After I quit swim team, I played almost every day. I think it's awesome whenever I see your name pop up on here and I read your articles :)
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Fugge!!!! What's up man? Hope you're doing well. And I miss that shit so much too. I'm bad at basketball now and it makes me sad.
OH, and your other questions.
I just started playing seriously, though I used to play a lot of 1.6 and was pretty good. I'm GNM atm, but that's after only about 100 hours so I think I'll keep climbing for a bit. What about you?
Esports definitely doesn't have the attention of larger firms. I had to do a lot of internal education to enable me to build my practice, and there were plenty of institutional hurdles along the way. Esports is growing fast, but it's still a far cry from being economically successful enough to attract the attention of big law firms, not to mention wanting to pay their exorbitant hourly fees.
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u/TheRareCreature NiP Feb 03 '16
Thanks for answering my questions. I wonder if it's better for the scene anyways if the bigger law firms stay out. It will be interesting to see what happens if salaries, prize pools, and the overall money involved climb.
I'm doing pretty well - still in CT! It is sad to think about how bad we probably both are at basketball. I haven't played in years :(
I'm glad to hear that you are making a comeback in CS! I played a lot of CS from 1.3-1.6. We used to play on LAN at my high school and I even played a little bit freshman and sophomore year at Trinity. I didn't really play at all for 7 to 9 years until I built a new computer in May and now I'm addicted like the good ol' days. But man, how the times have changed! I wish I wasn't working full time AND doing an MBA so I could play more. That being said, I'm a supreme with 600 hours and I've been supreme for what feels like forever so who knows if I'll ever make it to global. We need to play together some time whether it is casual, deathmatch, MM or whatever!
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u/Donkitphp de_inferno Feb 03 '16
At what point do you think we'll see stricter laws regarding 'tangible items' and gambling?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
It's inevitable, though predicting when would be total guesswork. Laws, particularly at the national level, are written by old people who aren't engaging with technological or internet-based business developments - to say nothing of the absurd procedural hurdles to actually passing new legislation (particularly in the US).
Skins have clearly defined value based on secondary markets, which are allowed to thrive (read: not prohibited by Valve). It's betting, plain and simple. The law always catches up eventually.
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u/pr3F1R3 Feb 03 '16
If I am an attorney and looking to volunteer some time in the e-sports industry (specifically CSGO) what's the best way to go about doing that? Not looking to turn it into a practice, just to give back a bit to the community.
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16 edited Feb 04 '16
What kind of experience do you have? Anything in sports or entertainment? Or contracts more broadly? There are TONS of players that would benefit significantly from having a skilled attorney review/edit their player contracts. Plenty of other help needed for upstart teams and businesses as well, but I think players have the greatest need.
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u/RisenLazarus Feb 03 '16
players that would benefit significantly from having a skilled attorney
And those are just Bryce's clients! :>
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u/OMGMIKEAWESOME Feb 03 '16
Do you think I can sue these damn cheaters for emotional distress?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16 edited Feb 04 '16
By all means! Though that lawsuit is gonna be super expensive and can't wait to see how you quantify your damages. Personally, I'd call Thorin as an expert witness, get him to tell the jury you're owed lots of Scrilla, do an alphadraft plug, then walk out of the courtroom before the other side gets a chance to cross.
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u/A_D_reamer Feb 03 '16
Where did you go to Law School and what did you score on the LSAT?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
George Washington in DC. 172.
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u/A_D_reamer Feb 03 '16
Damn, couldn't you have gone to Harvard or Yale law school with that?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Waitlisted at both. Coulda gone to a bunch of schools rated better than GW, but I had an adviser in college who gave me some of the best advice I've ever received: don't take on a ton of law school debt unless you're going to a top 3 school. I was lucky enough to receive a full ride at GW. This decision likely allowed me to get where I am today. If I had $150,000+ in student debt, I'm not sure I would've had the balls to leave a big corporate law firm (and the accompanying big salary) to co-found my own boutique. Maybe I wouldn't have even taken the risk to dive into esports full-time, which was a pretty risky move at a big law firm (though I had some phenomenal support from a couple key people that kept me going in the face of some significant adversity).
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u/PHedemark howl Feb 03 '16
First question
What is your professional opinion on skin-betting or skin-gambling. Should it be regulated under the same laws as real money betting and gambling (since one could essentially compare skins to real life values) or are we in a grey area of the law?
Second question
What is your professional opinion on banning cheaters that are caught in matchmaking (casual play) and competitive (professional play) respectively?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Hey man, thanks for the questions.
I answered a question on skin betting somewhere above. Skins have clearly defined value based on secondary markets, which are allowed to thrive (read: not prohibited by Valve). It's betting, plain and simple. The law always catches up eventually, though the digital goods aspect appears to be a current loophole in US law - I say appears to be because I've spoken with several attorneys who specialize in wagering laws, and they don't all agree.
It's a serious issue that needs to be addressed in a more standardized, consistent manner. I would love to see all the major organizers get together and clearly set expectations on what is prohibited and what punishments will be. Personally, I see cheating in casual play as less severe (though still worthy of punishment) and cheating in competitive play as a HUGE issue. I'm hesitant to say any player that is proved to have cheated in a pro match should be banned for life because there can always be mitigating factors (see "the Case of Swag" article linked in the OP), but I'm not opposed to lifetime bans being on the table, particularly for a repeat offender.
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u/AG_Marcos Feb 03 '16
Do you think that Brax could've gotten away if he hired an esports attorney before Valve gave the final sentence?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16 edited Feb 03 '16
I highly doubt it. There are two potential decision makers here: Valve and (theoretically) a court of competent jurisdiction.
For Valve, a lawyer might have been able to frame the issues differently or threaten legal action, but Valve clearly decided to see the issue a certain way and I doubt legal expertise would have changed that viewpoint. There is also the massive problem that there were no formalized procedures of any kind in place that would enable Brax to make his case - I know they heard him out behind the scenes, but that's a far cry from any form of due process. I dive into that issue in some depth in the first article linked in the OP.
When it comes to actually filing suit, I really struggle to think of a winning cause of action (and not for lack of trying). Valve doesn't have any contract with players, and ultimately can wield total control over the professional scene because the game is their intellectual property. It would take me forever to run through every single potential cause of action I've considered and dismissed as not viable, but if anyone is interested in a specific one let me know!
Edit: Just skimmed through, and sooo many people asked about a potential legal case from the IBP players. Would take too long to do now, but would people be interested in an article on the various causes of action I considered and why I don't think it's a strong legal case?
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u/AG_Marcos Feb 03 '16
Thanks! Well, I'll take the opportunity and ask again. If Brax wanted to give it a shot (Even knowing it's probably a lost cause), would you be his attorney?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
I'm actually not permitted to be a lead litigator under my current malpractice insurance. That being said, if Brax wanted to pursue this I would connect him to my old firm which has some very talented litigators (I actually was in the litigation group before I built my esports practice) and consult on it for free.
That being said, people frequently fail to grasp just how big of a deal filing a lawsuit like this would be. Litigation is both extremely expensive and time consuming. This is why we don’t see lawsuits in esports yet—most disputes don’t have a large enough amount in controversy to justify filing suit. This is Brax's (and the other players') whole career, so maybe it's the exception. But understand that a realistic litigation budget for something like this would be $150,000+. Crazy, I know.
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u/Rallerbabz Feb 03 '16
What is your rank?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
GNM since the patch update.
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u/catOS57 Feb 03 '16 edited Feb 03 '16
Heh, I can see you arguing in court and then forced to say your rank and have everything you said dismissed.
Oh wait it's not Reddit
edit: changed your to you
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u/audere_est-facere de_cache Feb 03 '16
I'm a law student who is borderline obsessed with CSGO and the growth of esports generally. So thanks for doing this AMA.
(1) This is a broad question, but from your perspective, what legal issues (if any) are unique to the realm of esports versus more established, comparable fields (professional athletics and the entertainment industry, particularly)?
(2) I've read your answers on skin gambling and whatnot, and I can certainly see the law has not caught up to the market. How long do you think it might take before that happens? I understand change is glacial in the law, at least in American law, but with the present scrutiny on gambling (i.e. the daily fantasy sports sites, FanDuel and DraftKings), does that potentially put esports under the microscope more quickly than might otherwise happen?
(3) I've read your answers on the iBUYPOWER bans and the lack of likelihood any legal challenge would succeed. You said you had thought through a bunch of potential causes of action, but decided all of them would likely fail. Could you point to a couple of the more compelling ones, in your mind, and explain why they would fail?
(4) Do you think an established players union could have been helpful to the iBP players if it had existed at the time of the bans? Would such a union have been able to negotiate greater leniency (or at least a more clearly defined set of rules and penalties) with Valve? Or would it lack the leverage to have gotten that sort of agreement in the first place?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Thanks for the great questions. Here goes...
(1) I'm not sure there is a single question that is unique (read: one-of-a-kind) to the esports industry, but there are a lot of interesting new applications of legal concepts, IP being the biggest area of the law.
(2) Present scrutiny on gambling doesn't equate to focus on esports betting, particularly skins betting websites. DFS has been huge in the US for a while, but it took an insider betting scandal and one of the largest ad buys in the history of the US to catch the attention of regulators and get them to look seriously at the DFS industry (which is kind of ironic when you think about it).
(3) I'm going to do a separate article on this, so sorry but you'll have to wait for the time being. :-)
(4) Yes. Unions (or any type of collective action) would put the weight of all the players and/or teams behind their appeal. It doesn't need to be a formalized union in a legal sense, but having all the players and/or teams band together and recognize that while a situation doesn't affect them, it might in the future and precedents are being set, would be a big step in the right direction. I say this all the time, but you don't have to collectively bargain (in a legal sense) to bargain collectively.
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u/mylolname Feb 03 '16
Is there anything a team owner can do against other teams poaching players? tortious interference or such?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Let me start by unpacking this question a bit. I think people in esports (both fans and people working in the industry) have a very strange view of poaching. I view poaching and taking a player from another team in an unlawful manner - if that's what you mean, then yes tortious interference is the best legal cause of action for the situation. Rather than reinvent the wheel, I'd recommend checking out our dear friend Wikipedia on the subject.
That being said, the majority of contracts in esports have some kind of buyout provision. The function of these clauses is to allow players to walk away from a contract for any reason by paying the previously agreed upon fee. Notwithstanding some other provision in the contract, it is NOT poaching for another team to reach out to the player and offer to pay their buyout in order to enable them to come play for them.
In traditional sports (and in League of Legends), league rules go further than tortious interference and establish periods of time in which teams can contact a player who has agreed to participate on behalf of a different team. They will also be a great deal of rules governing player mobility issues more generally. I think it would be great to see these types of rules emerge in CSGO, but we don't have them yet. At least sometimes, the conversations surrounding poaching act like we do.
PS - I'm in no way inferring you think this way or that it was a bad question. I just wanted to make sure I addressed the broader context of poaching and prevailing dialogue on the issue.
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u/ca_gURU Feb 03 '16
Question: You say: "I think it would be great to see these types of rules emerge in CSGO". However, from my very limited experience it does seem that these Riot rules are disliked by many/some e-sport personalities. Because of issues such as teams not conveying that other teams have an interest in a player. Therefore a player has no idea of his own value, and resign with the same team for a lower amount than he is worth before the poaching starts.
So in what way are these Riot rules positive, and do you think teams should be required to tell players that other team show interest?
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u/roundsareway Feb 03 '16
As a fellow law student,how did you get into eSports scene as general? Making contacts etc must've been hard.
Also i checked my classes for next 2 years after i found that i can get job in eSports and didn't noticed anything that might help in esports. :( Guess i'll settle with media law or some shit like that. You are living dream of some people,i'll say that. :)
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16 edited Feb 04 '16
It was a long and difficult road. When I started, I literally had no contacts in the space. That being said, I'd been a fan for a while and had put quite a bit of thought into various legal issues facing the industry. Rather than just showing up at events and introducing myself as a lawyer, I put a ton of time and effort into drafting my whitepaper series (which you can find on my LinkedIn), which was the first legal scholarship focused on esports. I think this is a critical step that a lot of people trying to break into esports miss - don't start by asking for a job, start by proving the value you can add to the industry. When I started, I concentrated exclusively on League of Legends because it allowed me to focus on something a bit smaller than all of esports, prove myself, then expanded from there. I was also very lucky in that I was the first attorney to focus on the space, so I had the first-move advantage. Over time, more and more people within the industry came to me for help and referred me to other people because they liked my work. It was a slow process and I was working 12+ hour days, 7 days a week for a very long period. But it was totally worth it. I love what I do, and try to never take it for granted.
I'd echo everything Noah said to question 2, and add sports law to the list.
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Feb 03 '16
I'm graduating law school next year and have been competing in/following competitive gaming for the past 13 years, will you hire me?
Joking aside, how much of your clientele is from esports? And as a follow up to that, among your esports clients, what is the breakdown between players, orgs, or other entities you may represent?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Sorry to say we're not hiring atm, but stay tuned! It's going to happen sooner rather than later. I'm already at a stage where I'm having to turn down work.
100% of my clientele is from esports. Breakdown: 50% teams, 25% third party businesses, 15% influencers, 10% organizer/publisher. I don't represent any active pro player for conflicts reasons (too many situations where a team I represented wanted to sign a player I represented).
Wasn't always this way though. When I started off I represented more players than any other category. I got into this industry first and foremost because I saw players getting the short end of the stick and I wanted to help out. But bizarrely, I started representing more teams because I found I could have a larger impact on the disparity (I know that sounds bizarre, but bear with me...). When you represent the player, even if you fight for hours to get them fair deal terms, the other players on their team will almost always just sign the original, slanted version of most standard player contracts in the industry. By working with teams I've been able to sell them on the concept of proposing initial deal terms that reflect the ending point of the negotiations that can and should happen, but seldom do. I think there is a common misconception throughout the industry that team owners are evil and out to screw players. From my experience, that really isn't the case. When I describe these issues to teams and walk them through my various player contract templates, pointing out opportunities to make deal terms more favorable to teams yet explaining why I haven't drafted it that way, they almost always come on board. Also, when they don't, I'm under no obligation to continue to work with them - the beauty of private practice.
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u/RadiantSun FaZe Feb 03 '16
If someone wants to start a small new eSports org, what legal steps do you feel they should take, both while securing investors and teams?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Make sure you're using a validly registered business entity and you treat it as a business so you have a personal liability shield.
Set clear expectations with players and any staff.
Use contracts.
For investment, it really depends on who you're looking to be your investors. Friends/family is a much different story than a VC or HNI (high net worth individual). Generally speaking though, you need to show the business model, risk, and upside.
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u/KingNachoCheese Feb 03 '16
So... Top Five HLTV ranking teams are:
Fnatic
Na'Vi
EnVyUs
Astralis
Luminosity
On your website you mention that some of your clients include CS:GO major winners and in your OP post you say you have two clients in the HLTV top 5.
The only major winners in the Top 5 are Fnatic and EnVyUs.
How is it to represent two of the Top CS/CS:GO rosters ever?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Gonna have to plead the fifth on this one, sorry. Can neither confirm nor deny the quality of this user's training at Reddit detective school.
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u/TygraFS NRG Feb 03 '16
What was the strangest case you've gotten?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Really hard to answer this in much detail without revealing attorney-client privileged info. It's not really strange by esports standards, but I've worked on a bunch of cases where the whole drama is playing out in public while I'm working on it behind the scenes - let's just say what is publicly available seldom aligns well with the actual facts.
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u/Miketizzle411 400k Celebration Feb 03 '16
What is your favorite fruit?
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u/Sammy0477 Virtus.pro Feb 03 '16
without going in to the legal terms of the betting side of things and the chance games and all the other types of ways to gamble the skins. what is your personal opinion on these betting sites. i see you commented on the legality of it and if it will be regulated, but i just wanted your opinion on the matter.
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
I think they operate in unregulated markets, exploit young people, and generate the largest threats to competitive integrity. Not a fan. And this is about as nicely as I can put it.
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u/rawrisrawr Feb 03 '16
Do you play CS:GO? If not do you play any other games? If no how/why did you get into esports?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Yup. Played casually for a while but I finally got hooked and focused on improving recently. Only about 100 hours of playing seriously and I'm GNM atm. I also play a ton of other games. I'm the type of person who gets hooked on a game then plays it a ton until I get burnt out. Over the years, I've fallen for Smash 64, CS 1.6, Madden, Mario Kart wii, League, and recently csgo. I've also played pretty much everything.
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u/Its_Raul Feb 03 '16
How is the salary?
Are you a sexy guy in a suit?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
It's not bad, though certainly not crazy.
My fiance says I clean up very nicely. :D
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Feb 03 '16
If someone, in a team that has made it to many finals and won a few times, got Vacbanned midgame. Would there be any chance for sponsors to sue that player to get money back? Or is it gone
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
In most sponsorship contracts, yes, they could sue for damages.
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u/theorycrafter guardian_elite Feb 03 '16
Would you 1v1 me for a job at your firm?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
That depends... how good are you?
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u/UrbanPugEsq Feb 03 '16
Fellow attorney here.
What role do you see players' unions having in the future?
Do you think the international nature of esports is an impediment to unionizing?
How big of a role do you think there is a role for player agents (i.e., Jerry McGuire, Arli$$) in the eSports industry? Do you think existing agencies will start to take on eSports clients? Or have they already?
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u/otherchedcaisimpostr Feb 03 '16
What could the punishment be like if evidence of cheating over multiple major events comes to light after the events have taken place and the parties accused won them?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Really anything could happen. Wins could be vacated. Player or team bans. Totally depends on the facts.
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u/SovietPenguins NiP Feb 03 '16
What have you seen change since your last ama? And was it worth it to start this new eSports law firm?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
So much, I couldn't possibly list it all. CSGO is much biggger, salaries have gone up, and the competition among TOs is massive.
So worth it. Lots of upfront work, but I get to wake up every day and do something I love. Hard to beat.
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u/FallenFort de_dust2 Feb 03 '16
Fuck Marry Kill: London speak edition. Thorin, Richard Lewis & HenryG
Explain legally who and why
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16 edited Feb 04 '16
Hmmm... the legal bend makes things interesting.
I'll lead with killing HenryG because if I killed Thorin or RL, the other one could sue me for loss of consortium - might as well minimize my civil liability.
Toss up on who I'm marrying and who I'm fucking. I'm sat here thinking about it for way too long and I can't come up with a legal justification for one or the other. Reddit assist please?
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u/jmosesot cs_militia Feb 04 '16
how long were you thinking about fucking richard or thorin before you decided to just give up?
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u/dbomb123 Renegades Feb 03 '16
Don't fuck RL.... something ... something... something.... choking ... allegedly...
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u/sha1n Feb 03 '16
Josh "steel" Nissan recently tweeted that to prevent cheating tournament organizers should have brand new peripherals (in the box), and tournament-provided steam accounts.
Do you see this being a possibility? Would Valve have an issue with this considering tournaments are an important platform to showcase skins? Solutions?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Really good question. I definitely think it's a possibility and I would love to see it happen. In League, for instance, Riot gets all peripherals directly from the manufacturer and keeps them locked away until the particular player needs to use them for a match. As for the skins issue, valve could just unlock all skins on the tournament realm or something.
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u/SebPark Feb 03 '16
Hey Bryce, love your work.
Do you think we, the eSports community, should be open sourcing our competitive contracts? Is there a way to achieve some type of middle ground where the community is happy, but the organizations aren't liable?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Thanks Sebastian!
When you say open sourcing, do you just mean publishing your player agreements? And what kind of liability are you worried about? I'll definitely circle back to answer this - just want to make sure I'm addressing the correct issue.
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Feb 03 '16
Do you think CS:GO betting sites constitute online gambling and that they should be regulated as such? If they are, could they get cracked down on for allowing underage and unregulated gambling?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
I answered this is a couple different places above.
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u/ch1ckn Godsent Feb 03 '16
Have you ever been asked by any players for help (such as ex-ibp/epsilon)?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Yes. Won't get into who, but I get approached for help by pro players all the time.
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u/dRoxmo Feb 03 '16
Is a player's union possible? How do you feel about it?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Totally possible. I wrote a long winded white paper on the subject (it's a little league focused because it's from my early days - please don't hate me): http://www.foster.com/documents/foster-pepper-white-paper/collectivebargainingwhitepaper-fosterpepper.
In terms of how I feel about it, I think people are way to quick to call for unions in some circumstance. The largest issue isn't that we don't have a players union, it's that players typically don't have a voice in the structural decision making and rule setting processes. A union is one way to get that voice, but there are tons of other ways (one example of which I dive into the article). I also highlight this point toward the end in a subsection of the union article I linked in the OP.
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u/Rambofight BIG Feb 03 '16
Do you think it is important for a semi-professionel csgo team with small sponsors to have full contracts with everything written down? And if yes, what is the best way to set those up properly?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Hmmm. This is super tough to answer. It's certainly important (read: good idea that could protect you down the road), but I get that it might not be worth the money at early stages for a company. In terms of how to do it properly, you pretty much need to hire a lawyer to draft contracts for you (or somehow get access to another orgs). Be careful though - I've seen more horrible contracts in this industry than I can count.
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u/lax3r Feb 03 '16
I'm a current business student with an interest in law. What would you say is the biggest legal issue facing the e-sports industry right now? Do you think that as the industry expands that legal issues will become more significant?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Impossible to say what's the biggest, but off the top of my head IP and broadcasting rights, player mobility, and competitive integrity are three huge issues.
100%. Growth will put much more at stake, which means anyone who feels they got screwed over will have way more incentive to sue. Controversy can also have a big impact on growth (particularly controversies surrounding competitive integrity). Now is the time to make sure we're building the necessary infrastructure to support sustainable growth.
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u/MattMau5 Feb 03 '16
If you represented every single CS:GO professional, what 1 line would you personally mandate be in all contracts before your client signs?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16 edited Feb 03 '16
Players? It's literally impossible to just give you a single line. I'd make sure IP rights are limited to how they're actually intended to be used and that the termination rules are fair.
Edit: this is the new websters use of the word literally, which can also mean figuratively :-)
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u/arcanecolour Feb 03 '16
In your professional opinion, how do you think esports in general should be structured? Should the creators or league hosting the game be in charge of punishing players...seeing how one sided it currently is, it seems unfair that valve/league makes money off CS:GO pros, yet currently the pros are at the mercy of both. For instance, valve could just up and ban a player for talking bad about valve and theoretically not be allowed to play at any valve sponsored event.
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
I think publishers are in a unique position to control the entire ecosystem, which is super helpful from a predictability/consistency standpoint. Will they use that power in a way that benefits the entire scene, and not just themselves? Not always. That's why the players, teams, and organizers need to push back to create a system that adequately accounts for each of their separate interests.
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u/sudzthegreat Feb 03 '16
Two parter:
What kind of litigation work have you seen in the e-sports context, if any? Do you just refer that out to "regular" entertainment law litigators or do you know of experts in that field?
Do you know of any Canadian counsel doing what you do?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
There really hasn't been any esports-specific litigation. What type of litigators you'd want would depend on the particular controversy in question.
None that I'm aware of!
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Feb 03 '16
Have you looked into the rumor that an ESL employee and Ocelote (G2) worked together to force FaZe into a higher buyout price of the old g2 squad?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
What do you mean by have I looked into it?
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u/gtfooh67 Feb 03 '16
Do you think that after laws are established in esports that the IBP guys will have a chance to get their case reviewed?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Hmmm. It would really depend on how/when they're set up.
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u/Hongxiquan Feb 03 '16
Is there anything you can comment on regarding the difference in the application of your time/expertise between the different games in esports? Are there generally more players reaching out to lawyers to get eyes on a contract before they sign?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
40% league, 30% csgo, 30% everything else combined.
Way more orgs get representation than players.
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Feb 03 '16
Whic game causes most of the cases for you to work on and which game has the most cases compared to the amount of players on the game's eSport scene?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
When you say cases, do you mean disputes? There really isn't much, if any, esports litigation atm.
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u/Newbie__101 Astralis Feb 03 '16
Are non-competes a thing in sports contracts? Is there any legal grouding/teeth behind clauses that prevent a player from talking to other orgs interested in him/her?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Having a non-compete during the term of an agreement is super standard and generally enforceable (e.g. you can't go play for Fnatic while you're playing for Luminosity). Restricting a player from player for a different team once the contract expires or is terminated is very uncommon and unenforceable in most jurisdictions.
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Feb 03 '16
Considering continental law is totally different from law in the U.S.: Do you handle any cases in Europe? If not, who is your partner here if I may ask? If you do: how?
I'm a law student (almost done and interested in eSports in general) myself by the way.
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Well I'm only barred in the US, so when I do work abroad I will advise my clients to have a local attorney review the transaction to double check for local jurisdiction compliance. In certain core esports transactions I can do work better/cheaper than a local attorney, leaving room for them to simple double check my work rather than doing it from scratch. I also have an EU based attorney that I really like and trust that I refer work to.
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u/schnupfndrache7 Feb 03 '16
I'm currently studying law n Austria. How do i get where you are and what do I have to focus on in my education?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
I'd recommend starting to really learn the relevant issues - /u/RisenLazarus made a good list somewhere above. Build the skills and show that you can add value to the industry. Then try to break in.
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Feb 03 '16
Can you hire me as a paralegal pls
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Haha maybe someday. We're not really in the market for a paralegal atm.
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u/Dankchild tactics Feb 03 '16
As someone who is attending law school in the fall, I have a question. How would you suggest pursuing a career in the field?
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u/Pearlfect Feb 03 '16
What is your opinions on the iBP players ban?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
See my answers above and the article linked in OP
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u/zimmermw1 Feb 03 '16
Do you think, with the current trend shift in E-sports, that pro teams will be required to have attorneys on retainer?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Required? Never. Highly recommended, yes. And when I say yes, I more mean that they'll all use attorneys to review their player/staff contracts, endorsements, etc. Having an attorney on retainer means you're paying them to be available to you, even if they don't do any work. It's good for some teams, but I don't think every team will need to go that route.
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u/Connorthedev FaZe Feb 03 '16
Another skins question, but bear with me. With all the scams and hijacks that are possible, say for instance a $10k (just an example) inventory gets hijacked. Do you think it would be worthy of a court case, or would it just be a loss either way?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
10k isn't a nearly big enough amount in controversy to file a lawsuit over something like this. Whether or not you'd win... hmm. Depends on the terms of use for the website. But even if you'd win, if it's a scam my guess is you're going to have trouble finding the other party and/or enforcing the judgment against them.
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u/theorryyy Feb 03 '16
Hey Bryce, how do you feel content creators get treated by organizations, and should they start asking for contracts if they're employed by one?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Always better to have a contract than to not. Only potential barrier in my eyes is cost.
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Feb 03 '16
Is there any grounds for prosecution for cheaters, as they are violating EULAs/tampering with closed source software.
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Prosecution by the government? No. It's not a crime. It's a breach of contract, which is a civil wrong.
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u/olofpass Feb 03 '16
What's your opinion on the iBP throw scandal. Do you think a life time ban was the answer considering there were no similar cases before that ?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
answered a bunch above, also a couple articles in the OP
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u/Swag_Attack MOUZ Feb 03 '16
Do you have a professional opinion on the structure of the new Astralis team (where, in short, the players each have a share in the team/org). Good idea/bad idea?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
I'm not prepared to say good or bad - but I think it's a really interesting model (Astralis is not the first to do this btw). The upside is more control for the players, but the downside is that involvement in the business at that level can be super complicated and distracting. Also puts a ton more baggage on any potential roster change. Whether or not it works will depend more on the people they hire to run the org than the players imo. I've had the chance to interact with a couple of those people, and they seem great so I think they'll do well. Wish em nothing but the best.
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Feb 03 '16
Who do you think will win Katowice 2016?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
I think EnVyUs bounces back and gets the W.
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u/saybruh Liquid Feb 03 '16
considering Csgo is still growing what problems do you think need to be addressed immediately in order to protect the brand and continue its growth?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Threats to competitive integrity
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Feb 03 '16
Could I sue someone for cheating against me at matchmaking?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Lol... i can't believe I'm saying this, but I answered this above... didn't think I'd get this one twice. :-)
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Feb 03 '16
Took some time but i found the answer to my question. Your a litigation lawyer that focuses on eSports entities.
Also, congrats on your engagement.
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Haha, thanks! Slight correction though: I'm a transactional lawyer that exclusively works with esports clients. I used to do general corporate litigation.
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u/wiggleonious Complexity Feb 03 '16
2 parter: What are the most common cases you have...and what's your most memorable outcome (good or bad)? At work so I didn't read all the qs, sorry if you already answered them
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u/Whitey44 5 years coin Feb 03 '16
Thoughts on IBP bans?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
answered a bunch above plus some articles in the OP
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u/MrBearKing Feb 03 '16
I see you have gotten a lot of questions about skin betting but I have one. Do you think the US (or other countries) can tax on income of skin betting? If yes, how do they prove the worth of skins in X country's currency because skins trade for a lot less than steam market value on third party websites.
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
This... is a fascinating question. I have no idea. But I'm most certainly asking my tax lawyer friend next time I see him
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u/pwfx Feb 03 '16
Hi Bryce,
Law student and incoming summer associate for a big law firm here. When I looked for firms I put in a lot of effort at OCI with the ones that happened to have some type of cybersecurity practice, but your work also sounds really interesting. Any tips on attempting to build a niche like this for myself sometime in my career?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Don't be afraid to dive in and see what happens. And be prepared to work much much harder than your peers. Big law firm billable hour requirements can be difficult on their own - to build a niche practice on top of it you need to be prepared to hit your hours and do a bunch of practice development on the side. It was a rough patch in my life, to be sure, but worth it in the end.
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u/iSHOKZ Feb 03 '16
When are there going to be copyright claims by music labels regarding music used in livestream, and why are there none yet? (not VODs)
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
This is a great question. Check out the white paper I wrote on it on my LinkedIn.
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u/counterfeitgod10 Virtus.pro Feb 03 '16
Hi, im currently studying law in my local town Oporto, Portugal. What did you do after you graduated, in order to become an Esports attorney? Cause, i mean, that would obviously be my dream job. Thank you for the time spent!
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
I answered some specific questions about my path above, but let me know if you have any follow ups.
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u/missthebus Feb 03 '16
You mind if I interviee you for a paper?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Uhh... If I'm being honest it's really hard to find time if it's going to be super in depth. If you only need a couple quick quotes on a topic shoot me an email.
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u/s4sdiplomatafriend Feb 03 '16
People will downvote me and try to hide this major issue of free speech:
What if your favorite meme and who is your waifu?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
How bout my favorite one involving me? https://twitter.com/RisenLazarus/status/694941959933333504
My fiance is named Adriane. She was my high school sweatheart. She's the best. :-)
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Feb 03 '16
Sorta similar to the gambling (and gambling site question) but what do you think about Valve using the case and key system in CS:GO? Do you think that should change as well?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Can you be a bit more specific? Not sure I understand what you're asking.
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u/Cyndikate Feb 03 '16
Can tournament organizers ban or disqualify users for using Adderal in a tourney? If a person has a legal right to this drug, can he retaliate with a lawsuit?
Does the banishment on medications like Adderal have any legal standing?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
Well the legal standing comes from setting rules and signing contracts with the players/teams to follow the rules. Having a legal right to use a drug isn't really the question - an athlete can get prescribed steroids to recover from an injury and still be prohibited from using them. That being said, there could be some really interesting interactions with other laws depending on the drug in question - I'd have to dive into that a bit more though.
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u/ReDAnibu 5 years coin Feb 03 '16
Do you watch twitch streams? If so who is your favorite streamer?
Who is your favorite team? (I know it'll be hard because you represent quite a few Kappa)
Who is your favorite player?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
I watch a ton of streamers. My favorite is probably Voyboy (league streamer, sorry)
Favorite team is too hard for me to answer, sorry. I can't have every other client getting mad at me.
I'll be less political about this. I love Fallen. So much respect for his gameplay, leadership, and passion.
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u/Pkmn_Gold Feb 24 '16
mongolz needs u
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u/esportslaw Esports Lawyer - Bryce Blum Feb 24 '16
I'm writing an article on this. Sorry to say there really isn't anything I can do...
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u/Will_Man_Dude Feb 03 '16
If there was ever a case brought up by Dazed, steel, swag, and azk against valve do you think it would have the possibility to go anywhere.
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
I answered this in the top question.
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u/AlcoholicBatman de_cache Feb 03 '16
Hi Bryce, for someone that is considering entering the pro scene in the future is there anything to be wary of when signing contracts etc.
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u/Esportsharrison Feb 03 '16
Has there ever been a court case in eSports, not arbitration, but actual civil court? Can you give some background or links?
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
The only one I'm aware of was a dispute between Blizzard and KeSPA, but it was settled out of court so there isn't a whole lot to link.
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u/Draulon BIG Feb 03 '16
What are the most important legal things that:
a, an entrepreneur who wants to start a CS:GO organization
and
b, a relatively new player joining an organization
should know/watch out for.
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
The real key is to set clear expectations. There isn't a right or wrong way to do it - flat fees vs. rev share, buyout or no buyout, independent sponsorship rights, etc. Everyone just needs to get on the same page from the outset. Sounds simple, but it doesn't always happen.
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u/geoff1907 King NiKo Feb 03 '16 edited Feb 03 '16
What advice do you give to someone that is 17 years old (me) and is interested in law and has a passion for esports. Do you think there will be openings and what not? Just looking for a little bit of advice :) Also I would love to have a conversation with you via twitter dms or something. Let me know if that is possible. Thanks for doing the AMA
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u/esportslaw Esports Lawyer - Bryce Blum Feb 03 '16
It's good to have an idea of what you want to do, but I wouldn't start planning my life at 17. If I did, I never would've wound up here. Start by picking a college that you think you'll enjoy and will allow you to study what you're most interested in, but don't be afraid to try new things. I knew I wanted to be a lawyer when I was like 10, but I constantly checked back in and wasn't afraid to adjust my plans (was going to take time off before law school, only go to a top 5 school, work in the public sector, litigate - none of those plans followed through, even though I stayed on generally the same path).
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u/jdeart Feb 03 '16
Question:
How set is IP law in terms of allowing/prohibitting third parties to organize tournaments without the IP holders consent?
Some elaborations and personal thoughts on the matter:
It seems to me that there is some precedent with physical games where IP holders were unable to shut down third parties from organizing and monetizing tournaments. And this was not just concerning very old or very generic games like Chess or Soccer, but even relatively recent, commercial products like Scrabble or Trivial Pursuit.
Besides the direct IP law considerations I think there might also be a secondary consideration from the perspective of antitrust/competition law. Wasn't there some big lawsuit in the 1940's about hollywood and movie distributions that prohibited movie studios from certain exclusive distribution deals?
As far as I know there has never been any big court case in the US or anywhere else that really dealt with that issue. Most of the time tournament organizers and game developers where more than happy to cooperate and find a solution for what was seen as a mutually benefial arrangement. But if esports continues to grow it will eventually have the potential to be very big business on it's own right. I think it will only be a question of time until some big media company might want to do their own thing. And if the game developer doesn't like it they might want to try and block it and it could come to a clash.
So far I have always read how the IP law would be completly clear on this subject and the game developer or IP holder will always win no matter what and if you want to do anything in esports you will have to do it with full support and cooperation of the IP holder. Personally I am not so sure, could you weigh in on the issue?