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As many have already noticed, I am usually quite neutral and report on the latest judgments and developments in IT and media law. It’s not often that I get carried away with comments.
Today, however, once a short comment from me (which joins my articles here and here).
My comment is based on the DOSB’s statement at its New Year’s reception, which stated: “The digitalisation officer may say several times: ‘eSport is sport. Point’. And we formulate: ‘eSport does not exist in this form – exclamation marks. And it won’t be in the Olympic program!”
As a result, there were protests from the police but also from esports associations, which, above all, showed indignation. I think that’s wrong:
In my opinion, esports associations and officials should finally stop taking on the DOSB as a sports federation. In my opinion, the de facto begging for recognition and equality weakens esport more than it helps it. The DOSB has its own interests (political and financial) and has made this clear. You won’t make friends with the DOSB. But it will forever show political decision-makers that they are too weak to be self-confident in their own position and to stand up for equality in legislation, administration and tax treatment. As long as you do not have equality in the courts or politics, and it will improve with each month of social development in media consumption, you have to make the most of the situation legally and politically.
When television prevailed, radio makers were nifty, and when YouTube prevailed, linear television was not convinced. Why? Because the old social developments, of course, had to lose their own assets, as well as their own political influence, financial support and the like. For this reason, and only for this reason, one will not be able to convince the DOSB of esport. On the other hand, however, one will not be able to emancipate oneself and show politics the weight of esport, and the closely related social media and streaming, already have, if one tries again and again to bend the old associations.
Esport should act confidently and adult, show its independence, fight for its – if necessary – constitutional rights and step out of the shadow of classical sport, instead of fighting for phrases like “sport”. Only in this way can one make clear its independence and importance, but also its demarcation from the regular sport (which many esports men should pursue quite incidentally).
Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.
