The article has gone through peer review and been accepted for publication in the next issue of the Interactive Entertainment Law Review, which is due in May.
The article analyzes what the authors we refer to as “systemic fallacies” of the Italian legislative and regulatory framework and discuss their potential negative impact on the development of the Italian esports industry. It explores the possibility that those shortcomings may act as a disincentive, given the risk exposure they generate for businesses, to a more vigorous entry of foreign capital and know-how in Italian esports, also questioning the legality and long term sustainability of the quasi-sports federation model being embraced largely in Italy at the “grass-roots” level, in the light of the Blizzard-KeSpa (South Korean) case – a reminder of the existence, unlike in traditional sports, of intellectual property rights to the videogames played in tournaments. The paper then looks at experiences in foreign jurisdictions, from a comparative perspective, in order to tentatively outline possible solutions to resolve the current systemic fallacies.