ESIC Issues Bans to 35 Australians Involved in Esports Match-Fixing

Recently, Nevada Gaming Control Board (NGCB) approved the legal e-sports betting, revealing concerns about the consistency of competitions and matchfix in ESPORTS. [2] [3] The China Dota 2 Professional Association (CDA) has recently expelled NEWBEE, a tw o-team Dota team in China, due to the allegations of matchfix. [4] Evidence was sent to Valve, the developer of Dota 2, and a global BAN was reviewed. [5] This recent case is just one of many scandals comparable to scandals that are bothering the ESPORTS industry. [6] Many people are discussing legalized gambling what the league, developers, and even the government should do [7], but their ideas regulate Esports gambling. Some have stopped. For example, Bryce Blum, a lawyer representing the ESPORTS industry, has contributed to ESPN a [8], "matching" or "injustice". [9] Conversely, some scholars criticize the loose properties of US law for teaching traditional sports. [10] This commentary states that developers and governments should take a stronger attitude toward matchfix in ESPORTS by strengthening penalties and fines.

In the first part of this commentary, we will introduce the history of e-sports and the 80 0-match incident related to the history of e-sports. Esports are best composed as a video game version of any professional sports that can be imagined. In the second part, we will take up some theories that are taught at law schools in the United States that can be applied to criminal sentences. [11] Among these theories, this comment focuses on deterrence, impairment, return, and punishment, and also discusses the responsibility of perpetrators as an additional factor in the philosophy of sentence. Part 3 analyzes these factors and applies two different measures in cases in which the country and game developers match. The analysis shows the reasons why strict sentences are better than gentle regulations, and propose additional corrections to achieve an ideal sentence structure to fight mentering. In conclusion, the Esport industry aims to provide guidelines to adopt desirable solutions.

II. Background

A. What Is Esports?

ESPORTS is a competitive and organized video gam e-like, similar to traditional professional sports. [12] Esports can be described as a no n-distinctive term, as traditional sports have soccer, basketball, tennis, and baseball. [13] Compared to that, Esports includes matc h-type video games such as StarCraft, League of Legends, Counter Strike, and Dota 2. [14] Esports refers to any video game played at a professional and competitive level, so theoretically, all video games can be ESPORTS. In this commentary, it mainly focuses on the abov e-mentioned esports.

The history of ESPORTS began very quietly when the first ESPORTS tournament was held by companies such as Atari in the 1980s in games such as Atari. [15] Esports began to establish a global culture after the development of Quake, a mult i-player face strest person shooting game (FPS) in 1996. [17] Along with Quake, games such as StarCraft and Counter Strike have pushed ESPORTS to the mainstream, and Starcraft has become a de facto national technique in Korea. [18]

When ESPORTS appeared in the scene, the sponsor began to focus on the industry and immediately signed a contract related to ads, sponsorship, media rights and marketing. [19] Players have the opportunity to win millions of prizes in the tournament [20], and can get economic stabilization with advantageous contracts with deposits. [21] However, while the industry continues to grow explosively, there are also severe individuals and organizations that are trying to make illegal profits from the popularity of ESPORTS. [22]

B. Match-Fixing Incidents in Esports

According to the dictionary, matchfixing is defined as an unauthorized act of a team winning a specific sports competition. [23] The act of creating a predetermined result by intentionally losing or colluding with an opponent to determine the winning or losing is considered a matchfix. Article 224 (a) of the United States Law Collections (A) prohibits bribery trying to affect the results of the match. [24] When a financial incentive is provided to the fixer, the fixed match is under Article 224. Of course, gamblers are likely to not fix the game without incentives.

The first major scandal to rock the esports industry was the Starcraft: Brood War scandal in 2010, in which eleven players were implicated in fixing matches. [25] In this scandal, players would make deals with gambling brokers to intentionally lose matches, while other players would place bets against them, and then do things that would affect the outcome of the match or prove their worth. [26] Ultimately, ten of the eleven gamblers were sent to prison or had to pay fines. [27] Many point to this incident as the reason Starcraft: Brood War's popularity declined from its peak. [28] Hite Sparkyz[29] was one of many teams competing in a production team format,[30] and many of the players were caught up in the scandal and quickly merged with another team. [32] The two major competitions, the MBCGAME Starcraft League and the OnGamenet Starleague, ended in 2012 and 2013, respectively. [33]

In 2014, the IBUYPOWER (IBP) Counter-Strike: Global Offensive (CS:GO) team was arrested for match fixing after leathering thousands of dollars against him in a battle with NetCodeGuides.[34] The scandal has been blamed for setting the North American CS:GO scene back by years, as IBP's roster was comprised of top-level talent.[35] North American CS:GO would not win a major tournament until the 2018 Eleague Boston Major, four years after the IBP scandal.[36]

In 2015, Starcraft 2 was hit hard by the revelation that Life, arguably the best Zerg player during the heart of the swarm expansion in early 2013, and other players were guiding matches. [37] Life was arrested and given an 18-month prison sentence, suspended for three years, and was fined 70 million South Korean won (approximately 61. 5 million won). [38] In 2019, China's League of Legends Pro League (LPL) faced a rocky start when star player Condi was banned for 18 months for match fixing. [39] Condi turned himself in, claiming he was blackmailed into playing matches by his coach. [40] The LPL permanently banned the coach. [41] Condi placed third and fourth at the 2017 Worlds with Team World Elite. [42]

In 2020, Newbee was involved in a race guide in China. Newbee's achievements include winning the prestigious "The International" (TI) in 2014, ranking second in 2017. [43] A few months after the incident, Valve forever banned NEWBEE's Dota 2 events forever. [44] LPL player Weiyan was also expelled from LPL for two years, and ROGUE WARRIORS, a team of Weiyan, was fined by about $ 420, 000. [45]

Looking at various matc h-fitting cases, the penalties for stabilizers seem to differ depending on the game developers and operating organizations. [46] However, the penalties are inconsistent in jurisdiction and companies. [47] In this comment, we verify the philosophy behind various penalties.

Judges and legislators shall apply the following four elements to determine the sentence of various crimes. (3) Rehabilitation, (4) punishment or justice. [48] ​​The judge determines how severe punishment should be punished to the legislator while balancing these elements. [49] In this section, based on the study by David Clamp, which teaches criminal law at the Houston University Law Center [50], the facts that guide the legal definition of these factors and each factor leads to a struggle. Analyze whether it is applied. In conclusion, he has advocated the stricter of criminal penalties, saying that the industry could cause incapable of recovery. In addition, an aggressive responsibility is examined as another factor in how matchmaking guidance affects the economic survival of e-sports.

III. Criminal Law Sentencing Philosophy Applied to Match-Fixing

In the criminal law, deterrence aims to create incentives that motivate potential criminals so that they do not participate in crime. [51] There are two types of deterrence: specific deterrence and general deterrence. Specific deterrence is to prevent the punished criminal from committing a crime in the future, and general deterrence affects that others avoid crime for criminal sentences. It is a thing. [52] Since specific deterrence is rarely associated with matchfixing, the player who performs a fixing match may keep the league or programmer forever banning the game, so it will never be a match. [53], so detailed analysis is not banned forever. However, the ability to implement general deterrence is important for the current and future ESPORTS players to prevent the match. In this comment, we briefly summarize general deterrence before developers and governments analyze the possible ways to create better deterrent power.

A. Deterrence

The concept of general deterrence is that while the law is made to penalize the penalty, the citizens can try to avoid penalties. You can see it as a game. [Therefore, the strictness of punishment caused by the enforcement of the law functions as a deterrent against potential criminals. [The idea of ​​citizens' motivation to pursue desirable behavior is the most similar to contract formation, so it is important to capture deterrence through an incentive lens. [56] In short, "the harder the law results in the law, the lower the chances of committing a crime." [57] Thomrinson's criticism of deterrence emphasizes how to commit criminal crimes, taking into account the possibility of concern and the threat of sanctions. [58] The possibility of bonds is directly related to the changes quoted by some lawyers. Therefore, the deterrence works through both the weight of the punishment and the possibility of concern.

As mentioned in the BLUM article that discusses the possibility of incorporating eSports gambling, the cooperation with the gambling institution in each state is for gambling processes that enable authorities to track and arrest the authorities. It can lead to better regulations and surveillance. [59] In this article, the forced monitoring and reporting of abnormal gambling, and the method of national basketball associations (NBA), which introduces consistency fees paid to businesses to invest in compliance and execution measures. I'm quoting. [60] BLUM finally supports the NBA model as a benchmark about how the ESPORTS industry should deal with gambling. [61] Blum's proposal may solve the problem of Tomingson probability that can cause matchfixing as a result of not being executed. Gamblers may be able to remind you of giving a game if you are aware that there are more management organizations with appropriate qualifications and have a means of supervising potential illegal gambling acts. If you do not have the appropriate director and resources required to compete with guidance, you cannot deal with the operation alone. [62]

Deterrence ultimately favors harsher penalties because players are deterred from fixing matches if other match fixers receive harsher penalties such as heavy fines or fines. [63] Sending a match fixer to prison forces other potential match fixers to reconsider whether the punishment is worth the benefits. Strong deterrence makes it harder for illegal players to convince players to participate or increase prize payouts, creating a greater incentive for players to participate. Match fixing organizers may not have the funds to simply bribe players if the price of fixing matches is increased. Players who perform a cost-benefit analysis to decide whether it is worth it to rig a match are more likely to be deterred. [64]

Crump expresses this cost-benefit analysis as a formula: "C x S & gt; R", where C is the probability of punishment, S is the severity, and R is the reward.[65] [65] As things stand, the potential reward for match fixing could be quite high, assuming a comparative history of fines imposed on match fixing. [66] Furthermore, the prevalence of match fixing in esports compared to traditional sports suggests that the deterrent aspect is still very low in the Clamp equation. To establish sufficient deterrence, the law should provide a minimum sentence or basic fine for match fixing under 18 years of age, rather than a maximum sentence of five years. § 224(a). [67] The maximum sentence of five years creates a relatively weak severity under the Clamp equation, suggesting that further deterrence is needed. [68]

However, this comment suggests that the equation could be modified, since half of the reward equation does not take into account the harm that may be caused. That is, the Clamp equation could be modified to look like this:

In this formulation, D is the harm caused by the crime. When harms accumulate rapidly, either the probability or severity of punishment, or both, must increase enormously to remain compatible with the deterrence model of crime prevention.[69] The damages component is necessary in this equation to account for the possibility that game developers and the esports industry as a whole may suffer enormous losses, as shown by the demise of StarCraft and the North American CS:GO scene.[70]

However, there are some opinions that the proposed punishment is too much, such as Ian Smith, a commissioner of Esports Integrity Commission (Esic). [71] [71] Smith's claim that teenage young people should not be expeled to permanent, have the length of the duration and should also take into account the age of matchphixers. [72] However, Smith's debate is frustrated by the general deterrent that people indirectly gain punishment by seeing others punished. [73] Thus, the teenager who played an illegal game, still committed a crime, knowing the potential punishment. In this situation, the law is clear, and the structured match should be punished.

Unpowering is to restrain dangerous criminals and addicts and prevent crime without deterrence. [74] Players arrested for matchfixing are generally expelled and cannot fix the game without criminal penalties. [But in ESPORTS, athletes who have been expelled from one game return to ESPORTS through another game, where they fixes the game again. [76] In order to compete with this, the programmer and the tournament organizer agreed that all other programmers expelled the player from the game if they expelled a player who had modified the game in a game with a programmer. Can be done. [77] A unified centralized Esports organization that supervises all major esports games can create a blacklist to ensure that matchphixers cannot participate in any ESPORTS. Overall expulsion of players from games generally does not cause lighter or more heavy punishment, in general, to prevent repeated violations. [79] As the Esports industry grows and continues to prosper, further growth may be seen in this field.

B. Incapacitation

The rehabilitation is designed to rehabilitate criminals and lead criminals in legal pursuit. [80] Gambling addiction is not unusual in the ESPORTS industry, and the existence of a "loot box" in many games is associated with the onset of addiction in adult groups. [81] "Skin Betting" in CS: GO uses virtual cosmetics in the game as a form of currency that players bet in CS: GO games, and is the core of CS: GO Rotoscandal. Ta. [83] Skin is enormous and the skin market is worth about $ 50 billion, so it is surprising that the [84] team matches to get better skin. Not.

C. Rehabilitation

The gambling treatment program has been proposed as a method of rehabilitation for film producers. The Korean government punished the Gambler involved in the 2010 scandal, allocating the most serious criminal into a 4 0-hour drama treatment program. [85] In contrast, the United States did not impose any pla y-therapy programs in Tim Donagie in the NBA game poisoning trial. [86] Perhaps Donagie should have been to the treatment program, given that he currently operates a website to sell hints for gel. [87] Of course, not all players involved in matchfixing are gambling addiction. Gamblers are also desperately looking for ways to get money quickly. The court needs to determine whether gambling treatment is appropriate for players by looking at evidence to judge the seriousness of player's matchfixing, such as the period and frequency of matchfixing. As a whole, rehabilitation agrees to reduce penalties, rehabilitate individuals in a more destructive way, and find alternative means that can correct their actions. However, since rehabilitation is not always necessary, matching guidance cases should be examined accordingly, and rehabilitation should not exist as the only solution of guidance.

Returns and justice have been managed as designed to be "imprisoned in accordance with the criminal's sel f-employed sel f-employed." [However, some scholars argue that punishment is not created to satisfy the concept of "eyes to the eyes." [89] In order to analyze the penalty, it must first derive the relevance that punishment is the center of punishment. [The appropriate level of punishment is reflected in the political system, and the legislative government enacted a law to determine what the consensus of society should be. [91] Citizens must accept these laws created by political governments under the guidance of the people. [92] Therefore, the punishment for crime is directed by those who illegally deprived the freedom to pursue their own interests in a selfish way. [93] Furthermore, crimes will make criminals unreasonably dominant to all other people who chose to stay within the legal boundary. [94] The definition of Bradley's reasoning and punishment is persuasive.

D. Retribution or Justice

Esports and matchfixing in e-sports are directly confronted by the view that criminals are pursuing their own interests in order to be more advantageous than citizens who comply with the law. Installing AIM Assist [95] or other methods, if the player does fraudulent [96] In some ways, a player who does not do fraud will gain an unreasonable advantage of the system. [97] Four Seikun's goal assist is like using cor k-containing bat or putting pine in a bat pattern to make it easier to hit the ball, but [98] Peek of Azu Frost. The screen is equivalent to the 2017 season's Houston Astros scandal sign. [99] In all cases, in the words of Bradley, the parties are "inadvertently usage the freedom to pursue their own interests and agenda in a way that is contrary to the common border that has been painted by law". I was taking it. [100]

The stabilization of the race deals with the same concept that Bradley raised. For example, in the Star Craft Incident from 2009 to 2010, the player had decided the results of the game in advance instead of receiving money from the Toys. However, the scope of crime is not limited to the equipped match. We must take into account the chain effects that fixed games can spread throughout the industry. After the Star Craft scandal from 2009 to 2010, the team lost sponsorship and the players were confused because they could not group. [102] The sponsor withdrew from the tournament, and even the commentators lost their work. [103] The establishment of a match has destroyed his career and life, and has the potential to eroded the industry built by decades and dedication. [104] Therefore, if the discussion from a deterrent force is reviewed, it is necessary to fix the economic equation by incorporating the aftermath of the committed crime. [105] In this way, penalties focus on strict punishment in consideration of industry losses.

One aspect of stabilization of horse racing, which has been discussed in this commentary, is a potential financial impact on the industry. [106] Damage compensation due to tort also includes financial impact on individuals, such as hospitals and mental damage. However, in matching support, it is highly likely that there is a possibility that there is no room to pay potential damages as a result of matching guidance, so in this section, we quantify damages due to potential tort. Try it.

E. Tort Liability and the Conversion to Sentencing

In StarCraft, several sponsors have withdrawn from the team league, and the individual league ended in the Team League, with the 800 9-long scandal from 2009 to 2010. [107] The industry has no financial backing to survive without media broadcasting rights or sponsor contracts. [108] Traditional sports stated that members of the committee said that the reputation of sports was inevitable as a result of the matchmakers, which would lead to a decrease in sponsoring and bad reputation. [109] However, as a result of the allegations of the 800, there is no specific number that indicates whether the audience rating has declined, despite the suspicion of the eight hundred, so the economic impact on ESPORTS is accurate. It is very difficult to judge. Furthermore, in traditional sports, various scandals such as doping, signing stealing, and even matchfixing are still alive. [110]

Returning additional money acquired by the betting operator and gambling organizations may also be illegal. In the 2007 NBA matchfix scandal, which was involved in Tim Donagie, the NBA was refunded for damages, benefits, lawyer expenses, and internal investigation costs based on the 1996 forced victim's return method (MVRA). [111] [112] (NBA did not ask for sponsorship or media rights that could be lost). Under Donaghy and MVRA, developers and Esports teams can also seek damages from matchfix scandals. For example, IBUYPOWER can seek damages paid to players who have been disqualified by Valve as a result of the IBP scandal. Now that Esports grows explosively and players are regularly earning hundreds of thousands of dollars [114], teams and developers damages players caught in unauthorized games based on MVRA. You may have an economic incentive for that. < SPAN> STARCRAFT withdraws several sponsors from 2009 to 2010, withdrew from the team league, and eventually ended the individual league. [107] The industry has no financial backing to survive without media broadcasting rights or sponsor contracts. [108] Traditional sports stated that members of the committee said that the reputation of sports was inevitable as a result of the matchmakers, which would lead to a decrease in sponsoring and bad reputation. [109] However, as a result of the allegations of the 800, there is no specific number that indicates whether the audience rating has declined, despite the suspicion of the eight hundred, so the economic impact on ESPORTS is accurate. It is very difficult to judge. Furthermore, in traditional sports, various scandals such as doping, signing stealing, and even matchfixing are still alive. [110]

Returning additional money acquired by the betting operator and gambling organizations may also be illegal. In the 2007 NBA matchfix scandal, which was involved in Tim Donagie, the NBA was refunded for damages, benefits, lawyer expenses, and internal investigation costs based on the 1996 forced victim's return method (MVRA). [111] [112] (NBA did not ask for sponsorship or media rights that could be lost). Under Donaghy and MVRA, developers and Esports teams can also seek damages from matchfix scandals. For example, IBUYPOWER can seek damages paid to players who have been disqualified by Valve as a result of the IBP scandal. Now that Esports grows explosively and players are regularly earning hundreds of thousands of dollars [114], teams and developers damages players caught in unauthorized games based on MVRA. You may have an economic incentive for that. In StarCraft, several sponsors have withdrawn from the team league, and the individual league ended in the Team League, with the 800 9-long scandal from 2009 to 2010. [107] The industry has no financial backing to survive without media broadcasting rights or sponsor contracts. [108] Traditional sports stated that members of the committee said that the reputation of sports was inevitable as a result of the matchmakers, which would lead to a decrease in sponsoring and bad reputation. [109] However, as a result of the allegations of the 800, there is no specific number that indicates whether the audience rating has declined, despite the suspicion of the eight hundred, so the economic impact on ESPORTS is accurate. It is very difficult to judge. Furthermore, in traditional sports, various scandals such as doping, signing stealing, and even matchfixing are still alive. [110]

IV. Applying the Philosophy to the Law

Returning additional money acquired by the betting operator and gambling organizations may also be illegal. In the 2007 NBA matchfix scandal, which was involved in Tim Donagie, the NBA was refunded for damages, benefits, lawyer expenses, and internal investigation costs based on the 1996 forced victim's return method (MVRA). [111] [112] (NBA did not ask for sponsorship or media rights that could be lost). Under Donaghy and MVRA, developers and Esports teams can also seek damages from matchfix scandals. For example, IBUYPOWER can seek damages paid to players who have been disqualified by Valve as a result of the IBP scandal. Now that Esports grows explosively and players are regularly paid for hundreds of thousands of dollars [114], teams and developers damages players caught in unauthorized games based on MVRA. You may have an economic incentive for that.

The abov e-mentioned part III has established a criminal judicial philosophy that accuses the philosophy through factors that help the criminal judicial system. But how do you apply this to the actual punishment that the players should take? In fact, to the present, prosecutors rarely accuse esports fighters and filmmakers. South Korea is one of the few jurisdictions. [115] However, other countries have begun to notice the rise of ESPORTS and have begun to accuse the match. [116]

A. The South Korean Model (State and Federal Government Regulations)

But the problem is probably not the weight of the penalty, but the sentence should be used at all. More superficial developers may have the best solution. In this section, we discuss two models, the "Korean model" and the "Riot Games" model. The Korean model represents a substantial and strict government intervention, as you can see the willingness to prosecute and guilty of backup developers involved in scandals of major star craft. The Riot Game's Model has a much less punishment than other game developers [118], a develope r-centered approach that has never seen filmmakers due to government law enforcement. [119]. [119] The ultimate goal is to create a model that all game developers and the country should follow, and guarantee a consistent and reliable execution that matches the incident. [120] In this section, each model is first analyzed, and then the philosophy is applied to the model, and it concludes that Korean models are the closest to criminal philosophy.

Given that ESPORTS's popularity and profitability are increasing, countries that are interested in protecting the consistency of the ESPORTS industry in their own country need to continue to invite companies that hold tournaments and support them. [121] NEWZOO predicts that Esports will generate more than $ 1 billion in 2020. [123] Therefore, the government has an incentive that suppresses illegal gambling and guidance. [124] The idea that the state government and the federal government need to take advantage of guidance and rigging is not a new concept. [125] < SPAN> The abov e-mentioned part III has established a criminal judicial philosophy that blame its philosophy through elements that help the criminal judicial system. But how do you apply this to the actual punishment that the players should take? In fact, to the present, prosecutors rarely accuse esports fighters and filmmakers. South Korea is one of the few jurisdictions. [115] However, other countries have begun to notice the rise of ESPORTS and have begun to accuse the match. [116]

But the problem is probably not the weight of the penalty, but the sentence should be used at all. More superficial developers may have the best solution. In this section, we discuss two models, the "Korean model" and the "Riot Games" model. The Korean model represents a substantial and strict government intervention, as you can see the willingness to prosecute and guilty of backup developers involved in scandals of major star craft. The Riot Game's Model has a much less punishment than other game developers [118], a develope r-centered approach that has never seen filmmakers due to government law enforcement. [119]. [119] The ultimate goal is to create a model that all game developers and the country should follow, and guarantee a consistent and reliable execution that matches the incident. [120] In this section, each model is first analyzed, and then the philosophy is applied to the model, and it concludes that Korean models are the closest to criminal philosophy.

Given that ESPORTS's popularity and profitability are increasing, countries that are interested in protecting the consistency of the ESPORTS industry in their own country need to continue to invite companies that hold tournaments and support them. [121] NEWZOO predicts that Esports will generate more than $ 1 billion in 2020. [123] Therefore, the government has an incentive that suppresses illegal gambling and guidance. [124] The idea that the state government and the federal government need to take advantage of guidance and rigging is not a new concept. [125] The abov e-mentioned part III has established a criminal judicial philosophy that blame its philosophy through elements that help the criminal judicial system. But how do you apply this to the actual punishment that the players should take? In fact, to the present, prosecutors rarely accuse esports fighters and filmmakers. South Korea is one of the few jurisdictions. [115] However, other countries have begun to notice the rise of ESPORTS and have begun to accuse the match. [116]

B. The Riot Games Model (Developer Regulations)

But the problem is probably not the weight of the penalty, but the sentence should be used at all. More superficial developers may have the best solution. In this section, we discuss two models, the "Korean model" and the "Riot Games" model. The Korean model represents a substantial and strict government intervention, as you can see the willingness to prosecute and guilty of backup developers involved in scandals of major star craft. The Riot Game's Model has a much less punishment than other game developers [118], a develope r-centered approach that has never seen filmmakers due to government law enforcement. [119]. [119] The ultimate goal is to create a model that all game developers and the country should follow, and guarantee a consistent and reliable execution that matches the incident. [120] In this section, each model is first analyzed, and then the philosophy is applied to the model, and it concludes that Korean models are the closest to criminal philosophy.

Given that ESPORTS's popularity and profitability are increasing, countries that are interested in protecting the consistency of the ESPORTS industry in their own country need to continue to invite companies that hold tournaments and support them. [121] NEWZOO predicts that Esports will generate more than $ 1 billion in 2020. [123] Therefore, the government has an incentive that suppresses illegal gambling and guidance. [124] The idea that the state government and the federal government need to take advantage of guidance and rigging is not a new concept. [125]

According to Article 26, 47, and 48 of the National Physical Education Act, the gambling and the 80 0-match are imprisoned for 5 years or less and the fine of 50 million won ($ 40, 000) or less. [126] In both Star Craft scandals, players were evaluated and sentenced to imprisonment and suspended sentence. [127] In Victoria, Australia, a maximum of 10 years has been punishable for the corruption of the betting results for "gaining financial interests." [128] In the United States, a fine or penalty for the commerce aimed at affecting sports competitions is also imposed. [129]

C. Framing the Sentencing Factors Around the South Korean Model

Despite the similar law, South Korea has taken ESPORTS more seriously and has prosecuted players involved in matchfixing, but the United States has a 2007 NBA scandal for Donagie. Despite the NBA trial, he has not prosecuted the IBP scandal player. [131] Valve did not pursue accusations to IBP players, but given that six Australian CS: Go players were arrested five years after IBP scandal, maybe they were reluctant to criminal accusations. The posture may have changed. [132] Of course, Valve may not have cooperated with the Victoria Police, indicating that the governments have solved the problem by their own hands.

Actively pursuing criminals can help you increase deterrence on matching guide and increase the possibility of concerns discussed in section III. A. [133]. Based on the 1958 Criminal Law [134], Victoria's willingness to threaten criminals with 1 0-year punishment is more than a thre e-year suspension of South Korea. [135] Reviewing the correction of the correction seems to be much better for the film creator to be sentenced to 10 years in prison. However, I propose a moderate between two to ten years, as I have to be careful to avoid excessive sentencing. South Korea's law is to create an appropriate foundation that can reduce excessive punishments caused by 10 years of penalty by combining fines, social service activities, imprisonment, and gambling treatment [137]. can. The model will also deal with the rehabilitation factors described above [138], and the terms of the youth criminals will help to avoid the enlargement of the American prison population. [139]

Most game developers and tournament organizers have dealt with matchfixing quite a bit, which is a positive sign that companies take matchfixing seriously. In StarCraft, Kespa [140] permanently expelled the staggered player and deleted the record from the history. [141] In fact, if you walk at the StarCraft venue at BLIZZCON, you will notice that all the 2007 and 2008 Saviol and 2014 LIFE champion banners are gone. [142] In CS: GO, Valve has banned individuals involved in the IBP scandal indefinitely. 143] In contrast, organizations such as ESL and DREAMHACK have released the BAN of the player involved in the IBP scandal. 144] LPL recently banned Weiyan for two years [145], and used to ban on CONDI for 18 months. [146]

V. Conclusion

StarCraft, CS: GO, and Dota have no second chance, none of the developers have released the player's BAN involved in the matchfixing scandal. [147] On the other hand, RIOT GAMES seems to admit that players will rehabilitate and return later. [148] Probably the difference between these results is the effect of the matchfixing scandal. The players involved in StarCraft, CS: GO, and Dota scandals were to p-class players, but weyan and Condi were not the top players of League of Legends. [149] Excellent and popular players have a greater influence in games to attract fans and viewers' attention. [150] If the Star Player is involved in an illegal match, the company will lose more, which may be the reasons for the stricter penalties imposed by Blizzard and Valve. In the StarCraft scandal, the sponsor left and the game fell. [151] In CS: GO, the European team dominated the scene, but the North American scenes no longer grow. [152] However, RIOT should not be too sweet in a fixed match just because it does not feel the serious adverse effect of other games. Rather, it should be the philosophy of punishing offenders using the experiences of other developers.

The current punishment imposed by Riot Games is inadequate, and the company should follow the Brizzards and Valve. At least, players who make games should not be worth the second chance and should be completely prohibited. By giving weak levels of strict punishment, Riot Games has not implemented the appropriate deterrence against fraudulent matches that properly suppress crime. [153]

Considering the balance of the sentencing elements of criminal penalties, it seems clear that harsher penalties than those imposed in the Korean match fixing eradication model are necessary. Match fixing is a serious scourge to the esports industry and requires severe penalties. While some commentators argue that the responsibility should be placed on the promoters, who should work with the betting industry,[154] the existing criminal penalties for match fixing are insufficient to successfully punish and deter offenders.

1. First, organizations with lax policies like Riot Games should meet the minimum standards set by Blizzard and Valve and permanently ban players from their games. Second, they should come together and set uniform rules against match fixing, like the International Olympic Committee[155], and make it clear to players that match fixing will no longer be tolerated. Uniform rules could increase deterrence by banning players from competing in any esport if they fix matches in esports.[156] While there is no doubt that young fixers such as IBP players, including Braxton, have learned their lesson,[157] I strongly do not believe that the industry should celebrate Braxton's inclusion in VALORANT. By allowing Braxton to compete in official tournaments, Riot Games is showing other players that they can fix in-game matches and simply switch games to avoid punishment.[158] Allowing players to simply change games misses the point of weakness that players who fix matches usually no longer participate in the game. The actual ability of players to do so requires a complete disqualification in all esports if a player fixes even one match.
2. Finally, governments should be more proactive and pragmatic in exposing and condemning risk. South Korea and Australia have taken the lead on this front, increasing the likelihood of detection and strengthening deterrence. The United States has already taken some steps to recognize esports at the same level as traditional sports, but it should continue to move forward toward legalizing esports by taking a stance against Esports Match-Fixing. Ultimately, a combination of heavy fines, tough prison sentences, and a proactive attitude toward game regulation and monitoring will provide enough deterrence to curb match-fixing. Therefore, this commentary recommends the following: (1) The United States adopts an approach like the Korean model, with the goal of ensuring long prison sentences for offenders. (2) All game developers impose permanent bans on players that extend to other games to ensure incapacitation. (3) Governments become more proactive against illegal activities by making matchmaking games pay compensation to developers who are damaged by the crime. And (4) prosecutors use 18 U. S. Code Section 224(a) to prosecute criminals whenever a match-fixing case occurs.
3. Governments and developers should give more thought to the possibility that match fixing could destroy games or the entire esports industry. Match fixing practices leave many questions in esports. What if Starcraft: Brood War hadn't fallen from its throne in Korea? What if Starcraft 2's dominance continued? What if IBP hadn't quit the race? Brood War, aka Starcraft: Remastered, continues to cling to relevance in Korea. In the CS:GO scene, five years after the IBP scandal, a North American team finally took first place in the HLTV global rankings for the first time in June 2019.[160] A disaster caused by some events in esports matches that engulfed the industry.
4. Of course, legalized esports gambling would bring new revenue and attention to the industry, which would be beneficial if properly regulated. [161] However, it remains frustrating that major tournament organizers like DreamHack and ESL are allowing IBP players to compete after match fixing. This sends a message that matchmakers who have caused irreparable damage to the industry may be allowed to return to competition for a short period of time. Tournament organizers, developers, and governments should lobby more aggressively to protect their interests since match fixing has a serious negative impact on the industry. [162]
5. Fortunately, change is slowly moving in favor of tougher penalties, and people are beginning to take a stronger stance against race-fixing. The Esports Integrity Commission is currently working with the FBI to investigate the match fixing scandal. [163] The NGCB established the Esports Technical Advisory Committee to provide recommendations and ensure the integrity of esports.[164] The stabilization of competition has been going on for a long time, and it is time to send a strong message that enough is enough.
6. From now on, when referring to esports, e-sports, esports, or eSports, type "eSports" with appropriate punctuation.
7. David Purdum, Nevada Approves Wagering on 4 Esports Events, ESPN (Apr. 14, 2020), https://www. espn. com/chalk/story/_/id/29037271/nevada-approves-wagering-3-esports-events [https://perma. cc/7zus-x6e4]. Mike Stubbs, "Dota 2" Team Newbee Banned from Chinese Competitions for Forbes (May 15, 2020, 11:06 AM), https://www. forbes. com/sites/mikestubbs/2020/05/15/ dota-2-team-newbee-banned-from-chinese-competitions-for-match-fixing/? sh=5c83fc44dbe6 [https://perma. cc/rf5g-9bt4].
8. Id.
9. ID. Hunter Mass, Valve partners with Netflix to make Dota anime, Game Rant (Feb 17, 2021), https://gamerant. com/valve-partners-netflix-nake-dota-anime/ [https://perma. cc /QD4Q-QQKY].
10. Alex Whiteman, A Brief History of Match-fixing Guidance in esports, esports betting (Apr. 26, 2019), https://www. esportsbets. com/news/esports-match-fixing-prevalence-history/ [https: // perma. cc/5l57-zlg9] (detailing several instances of match-fixing guidance in the history of esports, some of which are discussed later in this commentary).
11. Jullian Haley, Integrity and Fair Play: Can the Federal Prosecutor handle the wilderness of professional treatment? 2021 ESPORTS B. ASS'N J. 1, 9-10 (2021), https: // staticPace. Com/static/5AE7817B9772AE61DD36E43B/T/61807A1B4EAB96700B25F PERMA. /7BKV-G2KR] (RICO method for Federal Prosecutors Suggests that it is a good starting point). Bryce Blum, How the U. S. Gambling Will Affect ESPN (May 14, 2018), https: // www. REME-COURT-GAMB running- RULINGS-EFFECT-Sports [https: // Perma. CC/TL2M-4H4c]
12. Bryce Blum, Bio Founder, Esg Law, https: // ESGLAW. Com/Founder [https: // Perma. CC/UDP2-H4fs] (Last Visited Jan. 8, 2022).
13. The BLUM article is about the financial impact of gambling on the industry and the industry strategy for legalization or deterring gambling. See Blum, the previous book (Note 7).
14. For example, JODI S. BALSAM, CRIMALILIZING AS America Legalizes Sports Gambling, 31 Marq.・ Donagie, Explain that the bribery law has escaped the conviction of the bribery law thanks to the technique of the law).
15. David Clamp's criminal textbooks were used in the criminal law of the Houston University Law Center. See: CRUMP et al, CRIMINAL LAW: See CaseS, Statutes, and Lawyers' Strategies (3D Ed. 2013).
16. AJ WILLINGHAM, WHAT ARE ESPORTS? port s-What-IS-video-gam e-professional-league-madden-trnd/index.
17. Paul Chaloner, This ESPORTS (And How to Write IT) 15-19 (2020) (Sheong ( It is discussing various types of video games, such as "Sims") and fighting games).
18. Esports Winnings, https: // www. EsportSearnings. Com/Games [https: // Perma . cc/5XEG-JJ2Y] (final visit December 26, 2021).
19. Lawrence Phillips, The History of Esports, Hotspawn (APr. 1, 2020, 4:01 PM), https: // www. : // ww. hotspawn. Com/Guides/The-history-of-esports/https: // www. com/guides/The-history-off-esports/[https: // perma. cc/sb8q-yrb4].
20. Innovation, Immersion, Intensity, ID Software, https: //www. IDsoftware. COM/EN-US [https: // perma . cc/sxg9-upz8]
21. John Davison, How "Quake" Changed Video Games Forever, Rolling Stone (JUNE 22, 2016, 9:40 PM), https: // www. How-Quake-Changed-video- Games-Before 187984/[https: // Perma. CC/XDN4-WTM7] (The Quake's multiplayer function has created competition and discusses the true ESPORTS movement).
22. ESPORTS HISTORY: THE FIRSTYS OF COMPETITIVE GAMING, BITSPAWN (JULY 22, 2020) -OF-OMENTITIVE-GAMING/ [https: // permaa CC/2wme-JBWU] (Starcraft is still broadcast in Korea).
23. Willingham, Supra Note 12 (quoted a mult i-year broadcasting contract connected by ESPN and Disney XD); M), https: // www. Forbes/danielmarcus/2020/12/30/Following-THE-MONEY-i n-E-Sports/? SH = 2cde6c0994b5 [https: // perma. Coca ・ As many brands such as Cola and T-Mobile begin to invest in large-scale investments. Andrew Cohen, Overwatch League Signs First Esports MerchanDising Deal with Fanatics, SportTechie (Dec. 3, 2018), https: // www. TCH-LEAGUE-SIGNS-FIRST-ESPORTS-MERCHANDISING-DEAL-WITH-FANATICS/ [https: // perma. cc/rc2j-pne3].
24. TOP 100 Highest Total Earnings, Esports ENARINGS, HTTPS: // www. COM/Player [https: // perma. CC/MXG7-BTQ7] 21); International 2019, LIQUIPEDIA, HTTPS: // liquipedia. net/dota2/The_international/2019 [https: // perma. cc/hrl3-vsp5] (Oct. 21, 2021, 10:20 AM) See also more than $ 15 million).
25. Sample Rachel, Gensen, Team Liquid and $ 4. 2 million, reports of agreement with an extension of 3 years, dot eSPORTS (Oct 27, 2020, 5:53 PM), https: // Dotesports. Com/League-OF-LEGENDS/NEWS /Jensen-AgreeS-to-3-YEAR-4-2-Million-WitH-TEAM-LIQUID [https: // Perma. CC/7RXB-GC99] The company has a 3. 4 million dollar impact contract and a 2. 3 million dollar contract with Dignitas Huni). Also, Aaron Alford, LCS Player Salary Is Reportedly $ 410. DS/NEWS/THE-AVERAGE- 202 0-LCS-PLAYER-SALARY-IS-REFORE-410000 [https: // perma. CC/LH3W-MCHX] seductive); SPORTS (Nov. 26, 2020, 10 : 39 AM), com/leGue-of-leGends/news/tsm-signs-wordart-record-beaking-6- Million-dealhttps: // Dotesports. EAGUE-OF-LEGENDS /NEWS/TSM-SIGNS-SWORDART-
26. Manali Kulkarni, The Continued Rise of ESPORTS-EFFFORTS TO COMBAT MATCH-FIXINGING AND INPROVE INTEGRITY, LAWINSPORT (Sept. 2, 2016) Ort. Com/Topics/Item/The-Continued-ROS-OF- ESPORTS-ASPECTS-TO-COMBAT-MATCH-FIXING-AMPROVE-INTEGRITY [https: // perma . cc/bfj2-r4ak] You should expect. " .~Match-fixing, cambridge dictionary, https: // dictionary. Cambridge. Org/us/dictionary/English/match-fixing See ST Visited Jan. 8, 2022) 。 Match-Fixing, Lexico, https://www. lexico. com/definition/match-fixing [https://perma. cc/5bnk-rwjr] (last visited Jan. 6, 2022) (「[t]he action Also refer to or Practice of Resiliently Fixing The Outcome of a Match Before It Is Played. "). ")~Article 18 of the United States Law Collection (A) ("In the case of commercial transactions, those who substantially exercise some attempts in some way. A fine based on this title").
27. Match Fixing Scandal, LIQUIPEDIA (APr. 10, 2019, 10:56 am), https: // liquipedia. Net/starCraft/match_fixing_scandal [https: // perma. Cc/4GW5-nepv].
28. Konadora, Match-Fixing Scandal - Conclusion, TL (May 1, 2010, 2:23 AM), https://tl. net/forum/news-archive/125601-match-fixing-scandal-conclusion [https:// perma. cc/FW3K-BR3G] ("The brokers, using their connections with developer Ma (apparently the savior), offered other developers between 2. 5 million won ($2, 000) and 6. 5 million won ($2, 000).
29. 6. 5 million won ($2, 000) and then deliberately induced them to lose matches.").
30. Match-fixing Scandal (ibid. note 25).
31. Jinjin5000, How Match Fixing Destroyed StarCraft's Asian Games Dream [Submission] , YouTube (June 15, 2020), https://www. youtube. com/watch? v=tdt_p6MRYE4 [https://perma. cc/L4DX-ME43] (with a video from Lee Yong-ho, aka FlaSh, discussing how rigged games prevented StarCraft from competing in the Asian Games and halved live game attendance, irreparably destroying StarCraft's ability to continue to grow); Flash , Liquipedia , https://liquipedia. net/starcraft/Flash [https://perma. cc/3V5Y-UMN2] (last visited March 16, 2022); David O'Keefe, How Blizzard's StarCraft Became South Korea's National Pastime , Esports Observer (Oct. 29, 2018), https://archive. esportsobserver. com/starcraft-ii-esports-essentials/ [https://perma.
32. PROLEAGUE, LIQUIPEDIA, HTTPS: // Liquipedia. Net/StarCraft/ProLEAGUE [https: // Perma . cc/cmv5-PMTK] (Last Visited JAN 6, 2022) , The previous note 29 (Hite Sparkyz was 2000) It was established, started competition in 2003, and said that it achieved his last results in 2009). While professional StarCraft is held in individual games, PROLEAGUE gathers players with a team and sets on e-o n-one matches, like the Olympic table tennis team. PROLEAGUE, about; StarCraft Professional Competition, StarCraft Wiki, https: // Starcraft. https: // perma. cc/5UN7-f7vj] (Last Visited JAN 30, 2022); OVERWHELMING STRENGTH IS TOO GREAT: German Men's Wins Silver, Get to Text (Aug. 21, 2021), https: // Gettotext. IS-TOO-GREAT-GERMAN-TABLE-TENNIS- Men-Win-SILVER [https: // perma. CC/2baf-uam6]; EIMI Dominating Tablet Tennis Take Men's Team Gold, REUTERS, 10:50 am TPS: // www Reuters. COM/LifeStyle/Sports/Table-Table-Table-Japan-Korea-Win-Bbronze-Mens-Team-2021-08-06/ Z] (Approximately referring to the Chinese Fan Tang Higashi, Ma Dragon, and Xi n-Jin's individual players played against Dimitriy Of f-Chalov, Timo Bol, and Patrick Franzska in Germany).
33. Dragondefonce, CJ Entas and Hite Sparkyz are merged, TL (OCT 12, 2010, 2:14 am), https: // Tl. Net/Community-NEWS-ARCHIVE/160027-CJ-ENTUS-and HITE- Sparkyz-to-middle [https: // perma. cc/q9sz-npcf].
34. Five teams, including the height sparrow, have been dissolved, and the Bank of New Korea has declined the professional league sponsor. Waxangel, ESTRO TO BE SOLD OR DISBANDED, TL (AUG 9, 2010, 5:25 am), https: // Tl. Net/Forum/brood-war/142554-ESTRO- https: // perma. cc/4TTR-Q5MJ]; eton7410, hwaseung oz reported to digband, TL (aug 24, 2011, 10:55 PM), https: // tl. Hwaseung-OZ-reported-to-diSBAND [https: // perma. cc/84jv-hepm]; Clefairy, Air Force Ace to Disband, TL (JULY 22, 2012, 8:41 PM), https: // Tl. Net/Forum/BROOD-WAR/355060-AIR-FORCE-ACE-DISBAND [https:///perma. CC/j286-5GUY]; MBC Game's Closure Now Official , 2011, 1: 34 AM), https: // tl. Net/Forum/brood-war/288862-MBC-Games-classure-now-offial [https: // perma. Cc/kt58-dd5p].
35. MBCGame StarCraft League (MSL) , Liquipedia , https://liquipedia. net/starcraft/MBCGame_StarCraft_League_(MSL) [https://perma. cc/5XR2-2U5X] (τελευταία επίσκεψη 9 Ιανουαρίου 2022); OnGameNet Starleague (OSL) , Liquipedia , https://liquipedia. net/starcraft/OnGameNet_Starleague_(OSL) [https://perma. cc/48DG-GJH8] (τελευταία επίσκεψη 9 Ιανουαρίου 2022).
36. Valve、誠実さとフェアプレー、カウンターストライク： Blog (26 Ιανουαρίου 2015), https://blog. counter-strike. net/index. php/2015/01/11261/ [https://perma. cc /696U-VV6N]; https://blog. counter-strike. net/index. php/2015/01/11261/ Richard Lewis, New Evidence Points to Match-Fixing at Highest Level of American Counter-Strike , Dot Esports ( 16 Ιανουαρίου 2015, 4:03 μ. μ.), https://dotesports. com/counter-strike/news/match-fixing-counter-strike-ibuypower-netcode-guides-1256 [https://perma. cc/ 3WH5-GS3M].
37. theScore esports, The Story of Matchfixing in Esports , YouTube (11 Μαΐου 2019), https://www. youtube. com/watch? v=dojhjTkZaeA [https://perma. cc/92SR-RGN2].
38. Samuel Delorme, C9 becomes first North American team to win CS:GO Major , ESPN (Jan 28, 2018), https://www. espn. com/esports/story/_/id/22245044/cloud9-becomes-firs t-north-american-team-win-counter-strike-global-offensive-majorhttps://www. espn. com/esports/story/_/id/22245044/cloud9-becomes-first-north-american-team-wi n-counter-strike-global-offensive-major[https://perma. cc/JVY7-VYSY].
39. 2015 Match-Fixing Scandal , Liquipedia , https://liquipedia. net/starcraft2/2015_Match-Fixing_Scandal [https://perma. cc/QEV5-682B] (last visited January 9, 2022); Life , Liquipedia , https://liquipedia. net/starcraft2/Life [https://perma. cc/74X3-UPY2] (last visited January 30, 2022).
40. Of course, legalized esports gambling would bring new revenue and attention to the industry, which would be beneficial if properly regulated. [161] However, it remains frustrating that major tournament organizers like DreamHack and ESL are allowing IBP players to compete after match fixing. This sends a message that matchmakers who have caused irreparable damage to the industry may be allowed to return to competition for a short period of time. Tournament organizers, developers, and governments should lobby more aggressively to protect their interests since match fixing has a serious negative impact on the industry. [162]
41. Of course, legalized esports gambling would bring new revenue and attention to the industry, which would be beneficial if properly regulated. [161] However, it remains frustrating that major tournament organizers like DreamHack and ESL are allowing IBP players to compete after match fixing. This sends a message that matchmakers who have caused irreparable damage to the industry may be allowed to return to competition for a short period of time. Tournament organizers, developers, and governments should lobby more aggressively to protect their interests since match fixing has a serious negative impact on the industry. [162]
42. 同上。
43. 同上。
44. Condi , Fandom , https://lol. fandom. com/wiki/Condi [https://perma. cc/TNA9-M3T9] (last visited Dec. 26, 2021).
45. Newbee , Liquipedia , https://liquipedia. net/dota2/Newbee [https://perma. cc/8ZTE-9S96] (last visited December 21, 2021).
46. Rod Breslau (@Slasher), Twitter (Jan. 3, 2021, 1:30 AM), https://twitter. com/Slasher/status/1345663915406057472https://twitter. com/Slasher/status/134566391540605 /perma. cc/M5QD-GJCC].
47. Tom Matthiesen, The LPL has banned WeiYan for 2 yearss due to match-fixing , Inven Global (Mar 27, 2020), https://www. invenglobal. com/articles/10776/the-lpl-has-banned-weiya n-for-2-years-due-to-match-fixinghttps://www. invenglobal. com/articles/10776/the-lpl-has-banned-weiyan-for-2-years-due-to-match-fixing [https://perma. cc/3PEL-LQQC].
48. 終身禁止処分を受けた選手もいれば、2 年未満の選手もいる。以下のセクション IV. A-B を参照。
49. 下記セクション IV. A-B を参照。
50. Crump ら、前掲注 11、556；合衆国法典第 18 編 3553 条(a)(2)(B)（裁判官は犯罪行為に関して十分な抑止力の概念を考慮すべきであると述べている）も参照。
51. Crump 他、前掲注 11、557。
52. David Crump, U. Hous. L. Ctr. , http://www. law. uh. edu/faculty/main. asp? PID=9 [https://perma. cc/LH39-GDU6] (last visited Dec. 26, 2021).
53. Crump 他、前掲注 11、556。
54. 560; マーク・C・スタッフォード & amp; amp? Mark Warr, A Reconceptualization of General and Specific Deterrence, 30 J. Rsch. Crim. & amp; amp; Delinq. 123, 123, 125, 131 (1993) （「一般的抑止力とは、一般市民（すなわち潜在的な犯罪者）に対する法的処罰の効果を指す。
55. Valve has permanently banned players involved in the IBP match-fixing allegations from Valve-sanctioned tournaments. Valve, supra note 34. However, some banned players have moved on to compete in other esports games over time. Tyler Erzberger, Brax's Second Chance as the First VALORANT Pro, ESPN (June 17, 2020), https://www. espn. com/esports/story/_/id/29328483/brax-second-chance-first-valorant-pro [https://perma. cc/3ZYH-773Z] (discussing Braxton "swag" Pierce's banning due to the IBP scandal and his subsequent return to pro esports after signing with T1 for the VALORANT game). Stafford & amp; Warr, supra note 52, at 125. Alex Raskolnikov, Deterrence Theory: Key Findings and Challenges 1 (Colum. L. Sch. Working Paper, Paper No. 610, 2019), https://scholarship. law. columbia. edu/faculty_scholarship/2576/https://scholarship. law. columbia. edu/faculty_scholarship/ 2576/ [https://perma. cc/U8D8-QCQR]. ​​ID. Kelli D. Tomlinson, An Examination of Deterrence Theory: Where Do We Stand; , 80 Fed. Pet. J. 33, 34 (2016), https://www. uscourts. gov/sites/default/files/usct10024-fedprobation-dec2016_0. pdfhttps://www. uscourts. gov/sites/default/files/usct10024-fedprobation-dec2016_0. pdf [https://perma. cc/4ZA8-KL2P].
56. Of course, legalized esports gambling would bring new revenue and attention to the industry, which would be beneficial if properly regulated. [161] However, it remains frustrating that major tournament organizers like DreamHack and ESL are allowing IBP players to compete after match fixing. This sends a message that matchmakers who have caused irreparable damage to the industry may be allowed to return to competition for a short period of time. Tournament organizers, developers, and governments should lobby more aggressively to protect their interests since match fixing has a serious negative impact on the industry. [162]
57. Blum, supra note 7.
58. Ibid.
59. "Use the growth of esports betting as a means to enhance the growth of the industry itself and implement an industry-wide effort to combat potential problems arising from the growth of esports betting in the United States." Ibid.
60. Of course, legalized esports gambling would bring new revenue and attention to the industry, which would be beneficial if properly regulated. [161] However, it remains frustrating that major tournament organizers like DreamHack and ESL are allowing IBP players to compete after match fixing. This sends a message that matchmakers who have caused irreparable damage to the industry may be allowed to return to competition for a short period of time. Tournament organizers, developers, and governments should lobby more aggressively to protect their interests since match fixing has a serious negative impact on the industry. [162]
61. Crump, supra note 58, at 320 ("The severity of the potential sanctions is said to correlate with the likelihood that the crime will be costly.").
62. Ibid. at 321-22 See p. 224(a) (discussing mathematical equations that test whether deterrent factors work in place to limit the theoretical rewards of committing a crime if one does not get caught).
63. Ibid.
64. See Waxangel, supra note 38 (noting Rife's large fine of approximately $61, 000).
65. Of course, legalized esports gambling would bring new revenue and attention to the industry, which would be beneficial if properly regulated. [161] However, it remains frustrating that major tournament organizers like DreamHack and ESL are allowing IBP players to compete after match fixing. This sends a message that matchmakers who have caused irreparable damage to the industry may be allowed to return to competition for a short period of time. Tournament organizers, developers, and governments should lobby more aggressively to protect their interests since match fixing has a serious negative impact on the industry. [162]
66. (He argues that when C×S is less than R, other elements of the justice system are necessary to adequately deter crime.)
67. For example, if a sports gambler wins $50, 000 on consecutive games, causing a tournament organizer to lose a $100, 000 sponsorship from a technology company, and there is a 75% chance of being caught, then the severity of the punishment should be increased to a $200, 000 fine or an equivalent prison term. Id. at 321-22.
68. Section II. B.
69. HLTVorg, Coach Bans Explained by ESIC, Coming Stream-Snipe Scandal; (ft. Ian Smith) | HLTV Confirmed S5E9 , YouTube, at 1:06:16 (Sept. 29, 2020), https://www. youtube. com/watch? v=eOrHN8FA7j8 [https://perma. cc/6SXN-KBZW] (appearance Ian Smith strongly opposes lifetime bans for teenage players).
70. Ibid.
71. Stafford & amp; amp; Warr, supra note 52, at 124.
72. Of course, legalized esports gambling would bring new revenue and attention to the industry, which would be beneficial if properly regulated. [161] However, it remains frustrating that major tournament organizers like DreamHack and ESL are allowing IBP players to compete after match fixing. This sends a message that matchmakers who have caused irreparable damage to the industry may be allowed to return to competition for a short period of time. Tournament organizers, developers, and governments should lobby more aggressively to protect their interests since match fixing has a serious negative impact on the industry. [162]
73. See Match-fixing Scandal, supra note 25 (noting players permanently banned from professional play by KeSPA). See also Valve, supra note 34 (banning IBP players from competing in Valve-sanctioned events).
74. Crump 他、前掲注 11、557。
75. See, e. g., Yen-Shyang Tseng, The Principles of Esports Engagement: A Universal Code of Conduct, 27 J. Intell. Prop. L. 209, 249-50 (2020) (proposing a universal code to allow for cross-sport bans so that cheaters and harmful players banned from one esport cannot reappear in another).
76. For example, the International Olympic Committee and the United Nations Office on Drugs and Crime have met to create solutions to combat match fixing in sports. International Olympic Committee. International Olympic Committee (IOC). UN Off. on drugs and crime, criminalization approaches to combat match-fixing and illegal/parallel betting: A Global Perspective 13 (July 2013), https://www. unodc. org/documents/corruption/Publications/2013/Criminalization_approaches_fatch-xto [https://perma. cc/LV83- 3W5M] [hereinafter referred to as IOC/UNODC report].
77. You could get involved in a gambling business, like former NBA referee Tim Donaghy, who was arrested for giving inside information about NBA games to a third party, is doing now. Frank Fitzpatrick, former NBA referee Tim Donaghy, wearing his shame like a red letter, awaited the tape in the Phila scandal. Inquirer (Nov. 1, 2019), https://www. inquirer. com/sixers/tim-donaghy-inside-game-nba-referee-gambling-scandal-20191101. html [https://perma. cc/l2b h-GZ7W].
78. See Role of the Correctional System, Dictionary of Law, https://thelawdictionary. org/article/role-of-the-correctional-system/ [https://perma. cc/jb6s-uu6d] 2021).
79. Loot boxes are items in video games that can be paid for with real-world money, but the contents are random. Spending money on loot boxes has raised concerns from regulators, with some questioning whether they could cause gambling-related harms. David Zendle et al., Adolescents and Loot Boxes: associations with problem gambling and incentives to purchase, Royal Soc'y Publ'g (May 10, 2019), https://royalsocietypublish. org/doi/pdf/10. 1098/rsos. 190049 [https://perma. cc/fe4m-6ex9]. Jordan Noble, CS: Go Skins Sure Betting-The Best Alternatives for Skin Betting 2022, Strafe (Mar. 10, 2022), https://www. strafe. com/esports-betting/guide/skin-gambling/ [https:/ /perma. cc/rym7-6qml]. For example, CSGO Lotto owners expand on the FTC's first complaint against individual social media influencers, Fed. Trade Comm'n (Sept. 7, 2017), https://www. ftc. gov/news-events/news/press-releases/2017/09/csgo-lotto-owners-settle-ftcs-first-ever-complaint-individual-social-influencers [https://perma. cc/bd8l-49hp]; Allegra Frank, Counter-Strike Gambling Scandal Ends with FTC Settlement, Polygon (Sept. 7) , 2017, 7:26 PM), https://www. polygon. com/2017/9/7/16271520/ See also CSGO-LOTTO-SCANDAL-COUNTER-Strike-Mart-FTC-Endorsement-Guidelines [https://perma. cc/9hcv-57gk].
80. Sax Ethan, Inside the $50 Billion Leather Industry https://www. insidehook. com/article/tech/counter-strike-global-erfic-skins-crypto-tokens [https://perma. cc/v3ek-hxhn].
81. Justin, one of the players caught in the StarCraft match-fixing scandal, received 40 hours of game therapy in addition to his fine and prison time. Matchfixing Scandal, op. cit. note 25.
82. Donaghy sentenced to 15 months in prison in gambling scandal, ESPN (July 29, 2008), https://www. espn. com/nba/news/story? id=3509440 [https://perma. cc/RQL2-7LEB] (notes that Tim Donaghy only received a prison sentence and a suspended sentence).
83. See Fitzpatrick, op. cit. (note 79).
84. Crump et al., op. cit. note 11, 556.
85. Gerard V. Bradley, Retribution: the Central Aim of Punishment, 27 Harv. J. L. & amp; amp; Pub. Pol'y 19, 20-21 (2003).
86. Ibid. pp. 19-21 (expressing the author's view that theories of deterrence, incapacitation, and rehabilitation alone are insufficient to justify punishment, and that punishment is more appropriately considered a secondary form of punishment, and that "punishment... alone justifies... punishing... criminals.").
87. Ibid. pp. 22-23 (using the example of society deciding that driving on the right side of the road is preferable, even though driving on the left side is no different from driving on the right side).
88. Crump 他、前掲注 11、557。
89. Ibid. (Criminals unjustly usurp the freedom to pursue their own interests and agendas against the common boundaries established by law.)
90. Id.
91. Matt Porter, Former OpTic India Player Forsaken Explains Why He Cheated, Dexerto (Oct 24, 2018, 1:14 PM), https://www. dexerto. com/csgo/former-op-tic-india-player-forsaken-explains-why-he-cheated-199549/ [https://perma. cc/ZP4Z-UCDU] (discusses Forsaken's statement that he cheated to offset goals because he lacked confidence).
92. Luke Plunkett, Accused League of Legends Cheaters Fined $30. 000, Kotaku (Oct. 10, 2012, 6:58 PM), https://kotaku. com/accused-league-of-legends-cheaters-fined-30-000-59504 [https://perma. cc/XG8W-GLKP] (An Azubu Frost player looked behind him at the screen showing the game to discover where an opposing player was standing in the fog of war).
93. See, e. g., Tseng, supra note 77, at 240 (listing various forms of deception).
94. Of course, legalized esports gambling would bring new revenue and attention to the industry, which would be beneficial if properly regulated. [161] However, it remains frustrating that major tournament organizers like DreamHack and ESL are allowing IBP players to compete after match fixing. This sends a message that matchmakers who have caused irreparable damage to the industry may be allowed to return to competition for a short period of time. Tournament organizers, developers, and governments should lobby more aggressively to protect their interests since match fixing has a serious negative impact on the industry. [162]
95. NEIL VIGDOR, THE HOUSTROS 'CHEATROS SCANDAL: Sign-Stealing, Buzzer Intrigue and Tainnants, N. Y. Times (NOV. 3, 2021) Mes. Com/Article/Astros-cheating. html [https: // Perma. CC/2fsd-3JGS] (Astros steals the catcher's signature, use technology designed for rebellious pitching calls, warning the batter that the pitch is a fastball or a fastball. It describes what was driven into the trash can).
96. Bradley, the previous postscript 89, 23.
97. Match-Fixing Scandal, Supra Note 25 ("[P] Layer is in contact with the online betting site, paid from the site, or to play the game for financial benefits for the betting for them")).
98. Dragondefonce, 31? PHILIPPA WARR, Kespa Announces StarCraft Proleague Clossure, Rock Paper Shotgun (OCT. 18, 2016), Rockpapershot. Gun. com/kespa-starcraft-pololeague-classure [https: // perma. CC/75BD-N5G3].
99. StarCraft Translator, [English Sub] After the Last StarCraft League 1 [Starcraft Translator], YouTube (May 3, 2020), https: // www. ch? v = kpcno0ixopi [https: // perma. CC/M2M8-yvln].
100. Graham Ashton, Ian Smith, Esic- "The iMPACT OF MATC H-FIXINGING in Esports Wills, Loss of Major SponsorShip Deals. Esports Observer (Sept. 19, 2017), https: // EsportSobserver. See Com/Interview-Ian-Smith-Esic/[https: // Perma. CC/FB8G-4Pyd].
101. See III. A (C × S & amp; gt; R + D correction).
102. See the previous chapter B (StarCraft: Details about the decline of BROOD WAR and the setback of North America CS: GO);
103. See the above note 31-33 and the attached text.
104. NewZoo global eSPORTS MARKET NEWZOO 2020 | Light Version, https: // Newzoo. Com/Insights/Trend-ESPORTS- Market-Report-2020-LIGHT-Version [https: // perma. cc /7ss4-us6z] (Last Visited Jan. 9, 2022) (Note that $ 822. 24 million out of $ 1. 1 billion in total income is "from media rights and sponsorship").
105. BILL WILSON, How Match Fixers Can Cripple ASPORT'S ECONOMIC FUTURE, BBC (May 17, 2015), https: // www. CC/8NQB-72BN] ( "The sponsor runs away, the reputation is standing, and the finances of sports deteriorate."
106. DAN HOLMES, The Nine Biggest Scandals in Baseball History, The Baseball Egg (Mr. 4, 2020), https: // BaseBalllegg. Com/2020/03/04/THE-MOST-SCAND Alous-Scandals-In-Baseball- History/[https: // Perma. CC/hr34-RUFP]. Two of the first three scandals have occurred in the past 20 years. Same up. MAURY BROWN, DESPITE BASEBALL MYTHS 'DYING' rybrown/2021/11/ 02/Display-Myths-Late-WORLD-SERTES-STARTS-STARTS-TV-VIEWERSHIP-And-MLB-IS-DYING/; SH = 7f15D86A6029
107. The NBA also called for the recovery of Donagie's conspiracy based on the 1982 Victims and Witness Protection Law (VWPA), which is the "discretionary response of MVRA." The same page 415.
108. 424, 428, 437 pages.
109. See the valve (inserted 34).
110. See Alford, the previous note 21.
111. In the case of racial coaching in the United States and China, there is no criminal lawsuit against risk. For example, see Valve (previously 34); Leckie-Zaharic (previous note 39); Matthiesen, previously posted 45; matchfix scandal (previously postnated).
112. For example, eSIC (@esic_official), twitter (aug. 23, 2019, 5:13 am), https: // Twitter. Com/esic_official/status/116484312982790208 CC/9ZH6-53RS] Victoria , Australia Police Arrest CS: Go Match-Fixers)?, The World's Esports 30, 47-48 (2021) Submitting multiple proposals, Chile See also refer to the steps to start the Esports regulation).
113. Matchfix Scandal (Prior to the previous note 25? 2015 Match-Fixing Scandal, Supra Note 37 (while all Korean players involved in matchfix were imposed, the most serious criminal was sentenced to prison sentence. It is reported that it was done).
114. It is important to distinguish the games of RIOT, VALVE, and BLIZZARD. The former has not yet banned the player in a guided race, but the latter two developers are in a strong position to be permanent to the photographers. Leckie-Zaharic, the previous book (Note 39), Matthiesen, the previous book (Note 45) (pointed out that the RIOT game has only given a temporary suspension of matchmaking), Valve, the above book (Note (Note) 34) (pointed out that Valve has permanently expelled IBP player), LIQUIPEDIA, https: // liquipedia. Net/starcraft2/Bander_Players [https: // PERMA. NT] (MAR 24, 2022, 8:34 AM. BBOONGBBOONG, and GERRARD as The Result of The 2015 Coaching Scandal). ASED CLASS SUIT, CBS News (Dec. 28, 2021, 5:21 am. Pm), https: // www. Com/news/riot-games-leGends-esports-100-Million-settle-class-action-lAWSUIT/ https : // Perma. CC/FZW2-W7M3] (Note that Riot Games is a publisher of Legends League).
115. Remember that various scandals that define League of Legends are only sanctions and fines from LPL and have not reached the government intervention. See Leckie-Zaharic, see 39 of the previous note; Matthiesen, previously posted
116. BALSAM, the previous note 10, at 28 (how to create and publish a criminal regulation model that can work together and publish it).
117. Companies are levied at 21%tax rates, so the more successful Esports companies, the more the government will be able to collect more dollars. Therefore, the state hopes that companies will be more successful to get more tax revenue.
118. See Newzoo Global Esports Market 2020 Report (Note 108).
119. Nina Jobst, South Korea Gaming Industry Size 2006-2023, Statista (JAN 18, 2022), https: // www. Statista. -astry-size/ [https: // permaa CC/3S63-JKUZ (2020 states that the market value of the Korean game market was about 18. 89 trillion Korean won). Annual Average Exchange Rates, IRS (Jan. 24, 2022), https: // www. ttps: // perma. cc/79v v-ap7f] (The conversion rate in 2020 is the US $ 1 = 1179 Korean prize, and the Korean gaming market says that the market value was about $ 16 billion). It is noteworthy that the game industry and the e-sports industry are not completely correlated, but the surprising value of the game can affect the value of e-sports.
120. The tournaments and the world championships are held by teams that represent the world, so e-sports are a global phenomenon like the Olympics. For example, Jerome Heath, All Teams Qualified for Worlds 2021, Dot Esports (Sept. 23, 2021, 2:00 am) LL-TEAMS-Qualified-World s-2021 [https: // Perma. CC/LPG7-EE8K] (Several teams from major regions in Korea, China, Europe, and North America participate with minor regions such as Japan, Brazil and Turkey).
121. Chile's gambling method is currently not restricted in e-sports gambling, but "Chile's casino gambling is clearly prohibited in the operation of online gambling platforms." Corragio et al. See the above note 116 and 46.
122. Sports Promotion Domestic Law (Arts. 26, 47, 48 (S. KOR.) Bile/Viewer. Do? HSEQ = 27208 & amp; amp; Type = part & amp; amp; key = 16 [https:///perma. Cc/at4s-ee6e].
123. See matchfix scandal (previously postnated 25); 2015 race scandal, the previous note 37.
124. 1958 Criminal Law (VIC) PT I Div 2b S 195D (Australia).
125. Article 224 of the United States Code 18.
126. See Scandal Matchfix Scandal (Innision 25).
127. Joe O'BRIEN, Six PEOPLE ARRESTED in CONNECTION WITH FIXING CSGO, DEXERTO (AUG. 23, 2019, 8:46 AM), https: // www. E-UNDER-MATC H-Fixing-942335/[https: //perma. Cc/vdn7-p27f]; dexerto (aug. 23, 2019, 8:46 am), https: // www. Deb. Deb. -under-Match-Fixing-942335/[https://perma. cc/vdn7-p27f] を参照； United States v. Donaghy, 570 F. Supp. 2d 411, 415, 421 (E. D. N. Y. 2008) (NBA は被害 He is a person, deserves for MVR A-based rescue).
128. O'Brien, the previous note 131; Lewis, the previous note 34.
129. See the previous III section. Α
130. 1958 Criminal Law (VIC) PT I Div 2b S 195D (Austl.).
131. 2015 Scandal to Achieve Matching "(Prior to the previous note 37). It has been pointed out that there is a possibility.)
132. Section III. D.
133. reference. SCANDAL FOR MATCH DETERMINATION "(Prior to the previous note 25) (Justin has been fined, but mentions that it has been more severe, including participating in a 4 0-hour play therapy program).
134. O'Brien, the previous note 131; Lewis, the previous note 34.
135. Dennis Schrantz et al, DECARCERATIES: HOW 5 States Achieved Substantial Prison Population Reductions, Sent'G Project (Sept. 5, 2018) ww. SentencingProject. Org/Publications/Decures-Strategies-5-States-Achie d-substantia l-prison-population-reductions/[https: // perma. cc/7USF-8A7G].
136. The Korean Esports Association (KESPA) manages the Korean ESPORTS. Kespa, liquipedia, https: // liquipedia. Net/starCraft/kespa [https: // perma. Cc/h2xh-3pwp] (Aug. 17, 2021, 10:15 AM).
137. Mrhoon, Match Fixing Players Banned by Kespa, TL (JUNE 7, 2010, 11:37 AM), https: // Tl. TTPS: // Perma. CC/9M3T-WR58].
138. Kwanghee Woo, The-Life-SitUation-WitHout-Moralizing, Medium (APR. 4, 2017) TUATION-WITHOUT-MORALIZING-C047FF0DC2A0 [HTTPS: // Perma. CC/CF6C-MA9Y] Savior, liquipedia (Mr. 8, 2022, 2:45 am), https: // liquipedia. Net/starcraft/savior [https: // perma. Cc/j8nx-ty5k].
139. Valve, the previously posted 34.
140. Luís Mira, Ex-Ibuypower Unfette from Esl Tournaments, HLTV (JULY 24, 2017, 9:32 AM), https: // www. ROM-ESL-TOURNAMENTS [ https: // Perma. CC/7GWS-RDTX]; Oliver Ring, Dreamhack Align with Esic, IBP Unfarated by Events Recommendations, ESPORTS INSIDER (Sept. 7, 2017) S: // eSportsinsider. Com/2017/09/Dreamhac k-align-Esic-recommandations/ [https: // perma. cc/ ss2a-kwjd].
141. Matthiesen, the previous note 45.
142. Leckie-Zaharic, the previous note 39.
143. For example, the prohibited player, the previous note 118 (pointed out that the prohibited matters for players involved in the scandal defining 2015 are ambiguous).
144. See Matthiesen, the previously posted 45.
145. In fact, Condie never found success again in League of Legends, although he managed to place third/fourth at the 2017 World Championships, which may have motivated him to play for money. Condi, supra note 42; See Gökhan Çakir, What Is Match-Fixing in Esports, Dot Esports (Apr. 17, 2021, 12:52 PM), https://dotesports. com/general/news/what-is-match-fixing-in-esports [https://perma. cc/NG69-L49C]; Yan "Wei" Yang Wei-League of Legends Player , Esports Earnings, https://www. esportsearnings. com/players/65157-wei-yan-yang-wei [https://perma. cc/LGM9-EB4M] (last visited Jan. 28, 2022) (last visited Jan. 28, 2022). For example, Leo Howell, Faker Sets Individual Twitch Streaming Record with 245. 100 Concurrent Viewers, ESPN (Feb. 6, 2017), https://www. espn. com/esports/story/_/id/18632916/faker-sets-individual- twitch-streaming-record-245100-concurrent-viewers [https://perma. cc/72KN-LU3U] (referring to Faker being hailed by many as the greatest League of Legends player of all time and setting a new streaming record on his Twitch debut).
146. See, e. g., op. cit. 32.
147. CS:GO Major Championships, Liquipedia, https://liquipedia. net/counterstrike/Majors [https://perma. cc/CS2P-DABQ] (last visited Jan 6, 2022). In addition to Cloud 9's victory at Boston 2018 and Team Liquid's runner-up at Cologne 2016, every finalist at a Major was a European team. That time too, Team Liquid's team was led by Ukrainian star s1mple. Ibid.
148. See s upra Section III. A.
149. “Meanwhile, the burden of preventing match-fixing falls on the organizers of eSports events itself.” Joss Wood, Korean Match-Fixing Report Undermines the Integrity of StarCraft 2 Competitions, Lines (Oct. 1, 2019), https://www. thelines. com/match-fixing-esports-south-korea/ [https:// perma. cc/JZ4X-5SE2].
150. See IOC & UNODC Report, supra note 78, at 13, 300-01.
151. See Tseng, supra note 77 (on cross-sport ban).
152. Braxton’s responses in his ESPN interview made it clear that he was very depressed and remorseful about his actions. Erzberger, supra note 53.
153. While we do not wish to equate esports fixers with sex offenders, sex offenders cannot avoid registration by moving to another jurisdiction. See 34 U. S. C. § 20913.
154. Paul Tassi, The U. S. Now Recognizes eSports Players as Professional Athletes, Forbes (July 14, 2013, 11:27 AM), https://www. forbes. com/sites/insertcoin/2013/07/14/the-u-s-now-recognizes-esports-players-as-professional-athletes/? sh=146045063ac9 [https://perma. cc/RJL8-8XTL].
155. CS: GO World Ranking As of June 10, 2019, HLTV (June 10, 2019), https: // www. /4vue-8TCF].
156. BRYCE BLUM, How Gambling Can Be Good Forts, Dot Esports (JUNE 3, 2015, 12:43 PM), https: // Dotespows. Com/GENERAL/NEWNEF ITS-1974 [https: // Perma . Cc/zd8l-ebp3].
157. Nevake, [Subs] After the Speech: YouTube (May 24, 2010), https: // www. COM/Watch V = 1htnkaikdzu The tverses are this He discusses scandals and pointed out the energy spent to build the industry just by stabbing his back finger in 2010 scandals. Probably. This video is very useful in how Korean society reacts to a scandal that matches the race and seen the players. CS: GO community is in contrast to Valve to use SWAG from IBP scandal. Connor Bennett, Gla1ve Calls for CS: Go ProS Steel and Swag to Be Unbined, Dexerto (Feb. 23, 2019, 2:52 PM), https: // www. RALIS-GLA1VE-CALL S-for-CSGO-PROS-STEEL-SWAG-BE-UNBAN-VALVE-392791/[https: // Perma. cc/3KC3-pfht].
158. Alan Bernal, FBI Investigating CSGO MATCH-FIXING with Esic, Dexerto (APR 6, 2021, 4:00 PM), https: // www. To-Investigat e-NA-CSGO-MATCH-FIXING-1545003/[https: // Perma. Cc/4 PMY-PT3H].
159. Board Control Gaming Nevada (@nevadagcb), Twitter (Nov. 3, 2021, 4:34 PM), https: // Twitter. Com/Nevadagcb/Status/14560118237952229? TPS: // perma. cc/22c 8-Paj8]..