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Does eSports need a players’ union?
Players, team owners and lawyers give their opinions on the controversial subject.
Over the last few years, the eSports scene has exploded. Prize pools have ballooned, more and more tournaments and organisations have popped up and are being created, and there are now more people than ever who are making a living off playing video games competitively. Unfortunately, not everything is so straightforward and positive: eSports is still finding its way in the world, and with bigger prize-pots and a burgeoning player base comes a need for more organisation.
A few months ago a number of teams (and crucially, not players) joined forces to create a kind of teams’ union, where they laid out strict requirements for events in order for their teams to compete. But this group doesn't seem to benefit players too much, and many are not overly impressed with this solution. Shannon ‘SUNSfan’ Scotten – owner of Dota 2 team Digital Chaos – described this teams union as “a complete joke,” and said, “That isn't a players’ union.”
So, does eSports need a players’ union? And if so, how do you go about creating a fair union in eSports? We’ve been talking to some of eSports’ biggest names to get some ideas.
“CS:GO is continuously growing, and in three years it will be stronger than ever so we need something to help manage that and protect the players,” said Hege 'Hedje' Botnen, one of the players on the female LGB eSports CS:GO team. “We need a proper players’ union in some way, so that the players' rights and important things like that can be decided upon and so we can have someone looking after that.”
Botnen’s opinion was echoed by many of the players we spoke to, who felt that eSports needed someone experienced to manage the general welfare of professional players, as well as to advise with the negotiations between players and teams. Players are very aware that they are not the most qualified to be dealing with legal issues such as contracts, and many would appreciate having some expertise on hand to lend advice.
Enrique 'xPeke' Cedeño Martínez, League of Legends pro and founder of team Origen, felt the same way when we asked him about the prospect of a players’ union. “The problem itself is not for the mature players,” he said, “but more for the new, ambitious guys that come in every year and are willing to sacrifice everything to make it pro. Often, these young players end up stuck with contracts that are almost abusive.”
Although Martínez likes the idea in principle, he was quick to warn that now might not be the best time to go about forming a union. “I’m not sure if it would help or not right now,” he added. “In the end, it’ll depend on who runs it. I just hope that if a union is created, it’s run by good people and for the right reasons.”
Enrique 'xPeke' Cedeño Martínez in action
© Riot Games
The idea of a union that is constantly campaigning for better player rights is not something that has come up until now. While there is certainly a desire for help from the player side, the organisational side isn’t necessarily feeling the need for a union just yet. For example, if you look at American sports organisations like the NBA, NHL, MLB and NFL, all four necessitate a players’ union. Each has been through seasons which were shortened by player strikes – strikes that were resolved by negotiation between the league and the players’ union for each sport. Now, eSports’ player base may be burgeoning, but it can’t quite be compared to the American sports leagues. So, does eSports need a players’ union if there are no disagreements? Specialist eSports lawyer Bryce Blum thinks probably not.
“I’m not sure a full-fledged union would be effective or feasible in the current ecosystem,” said Blum. “That being said, there are significant interim steps that can and should be undertaken. If we look at the history of traditional professional sports, there are many examples of players unifying in their common interest in order to improve rules, playing conditions, and much more, without unionising. You don’t need to collectively bargain, in the legal sense, to bargain collectively.”
“Many of the benefits achieved through unionization, better organization and increased leverage, are attainable through unified action that falls short of forming a union.”
Having a proper players’ union to deal with potential issues between those running the tournaments and those competing may not be required quite yet. But Stew Chisam – President of Smite developer Hi-Rez Studios – thinks he may have a solution that can offer the same benefits as a union in a much simpler way. “One thing we’ve discussed with Smite is something I would call a ‘Player Bill of Rights,’” he said. “It’s just a statement of the things we think players deserve, and a way that they can have concerns addressed if those needs aren’t being met.” However, he was quick to point out that this may not be the solution for all eSports, especially those where the developer isn't as involved as Hi-Rez.
From a bird’s-eye view, it looks as though most players are in favour of a union, while those in other parts of the industry are perhaps a little more sceptical. But how do the teams themselves feel? After all, it’s currently the responsibility of each team’s management to make sure the players are well managed and adequately rewarded for their time and effort.
We asked Digital Chaos owner Scotten how a players’ union would affect his team. “In all honesty, it probably wouldn’t impact us in the slightest,” he said. “We've created a system that thrives on the fact that the players benefit from our success, and vice versa. In a lot of ways we are partners that have a mutually beneficial relationship.”
And the same question brought a similar response from Origen founder Martínez. “A player union wouldn't have a big impact on us,” he said. “I do feel at the moment we are one of the organisations that try to take most care of the players.”
The International
© Valve
The teams may think that a union wouldn’t affect them, but eSports lawyer Blum has a very different opinion. “The impact would be so massive, it’s hard to fully describe,” he said, when asked how a union could change eSports. “A players’ union will likely be formed one day,” he added, “but it is a much more expensive and complex undertaking than the vast majority of people in the industry could possibly fathom.”
Everyone seems to agree that if eSports continues to grow on its current trajectory, there will have to be a players’ union at some point. But right now, team owners and game developers are happy with the current system. And it certainly seems that better communication between developers, tournament organisers, teams and players could quite easily resolve many of the issues that are being brought up, all without having to go through the difficult process of setting up an entire union. So, will there be a players’ union? Probably. But not today.
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