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Why the US Supreme Court Struck Down PASPA

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The United States Supreme Court has ordered to strike down the Professional and Amateur Sports Protection Act (PASPA).

PASPA, penned in 1992 by New York Knicks hall of famer and former New Jersey Senator Bill Bradley, came into force on New Year’s Day 1993. It slapped a virtual ban on sports wagering across 46 states and limited three other states to sports lotteries. The only state that received an exemption from the sole blanket ban was Nevada. New Jersey was also got a one-year window to legalise sports betting, but could not do so.

However, the apex court struck down PASPA this week on the grounds that it violates a provision of the 10th Amendment, commonly known as the anti-commandeering doctrine.

The anti-commandeering doctrine provides that, if the Constitution does not specifically reserve a power to the federal government (in this case, legislating sports wagering) or directly strip that power away from the states, that power resides with the states. The provision is known as the anti-commandeering doctrine because it is understood to bar the federal government from “commandeering” the rights of the individual states to enforce federal law.

In this case, since PASPA does not specifically ban sports wagering, rather the ability of the states to pass laws of their own to legalise sports wagering, the Court held that PASPA violates the anti-commandeering doctrine and thus, the 10th Amendment.

This battle started in 2012 when New Jersey passed a law to legalise sports betting. Shortly thereafter, the National Collegiate Athletic Association (NCAA) and all four major American sports leagues (NFL, NBA, MLB and NHL) sued the state of New Jersey, claiming that the law violated PASPA. When the lower federal courts ruled in favor of the NCAA and the leagues, New Jersey retreated but returned in 2014 with a new law, specifically tailored to challenge PASPA but only at casinos and racetracks. Predictably, the NCAA and the leagues took New Jersey to court again and eventually prevailed in the United States Court of Appeals for the 3rd Circuit.

However, that ruling was overturned by the Supreme Court. Writing for the majority, Justice Samuel Alito opined, “It is as if federal officers were installed in state legislative chambers and were armed with the authority to stop legislators from voting on any offending proposals.” Alito continued, stating that “[a] more direct affront to state sovereignty is not easy to imagine.”

It is important to note that this ruling does not legalise sports betting nationally or in any state, including New Jersey. The strike-down of PASPA merely paves the way for each state to pass its own laws addressing sports gambling. The majority points out that it is still within the purview of the federal government to pass laws restricting sports gambling on a national scale, but that if it does not, it may not enact a law such as PASPA, which prohibited the states from passing sports wagering laws of their own; “Congress can regulate sports gambling directly,” writes Alio. “But if it elects not to do so, each State is free to act on its own.”

In addition to New Jersey, Connecticut, Pennsylvania, West Virginia and Mississippi have all passed bills legalising sports wagering and over 15 other states have introduced similar bills in the preceding months, in anticipation of today’s ruling.

While PASPA may seem, at first glance, an automatic ticket to the explosion of esports wagering in the United States, Will Green, Senior Director of Strategic Communications for the American Gambling Association is not so sure.

In an interview with The Washington Post, Green stated “I don’t think PASPA is the vehicle for the blossoming of esports.” Green points to the lack of esports-specific verbiage in pending state legislation and feels that “there has to be clarity [regarding esports being classified as a sport for betting purposes by regulators], and right now there are more questions than there are answers.”

Green’s point, while not determinative, is not without merit. While esports has gained a tremendous following and a great deal of mainstream acceptance in the US, it is still not what many would consider a mainstream sport. As such, it could be argued that esports was not envisioned by the legislators when the various state bills were written and might, therefore, have an uphill climb to fight for inclusion under those laws.

For his part, Seth Schorr, CEO of Las Vegas’s Downtown Grand Hotel and Casino, one of the first sportsbooks to accept bets on esports, appears to have a different outlook. Also speaking to The Post, Schorr referenced a memorandum of understanding between the Nevada Gaming Control Board and the esports Integrity Coalition in support of his opinion that esports will be defined as a sport for betting purposes. Schorr did qualify his statement, however, noting concerns around match-fixing and cheating, “You can’t bet on football; you can bet on the NFL,” Schorr told The Post. “I see Nevada looking at specific esports leagues and offerings [in order to assure the integrity of the matches on which bets are made].” Schorr continued, stating that while he believes the repeal of PASPA will ultimately have a “massive impact” on esports wagering, he cautions that the transformation might not happen as quickly as is expected for mainstream sports betting; “Everything takes time,” Schorr explained. “Each state is different. We are catching up with the rest of the world.”

Now that PASPA has been repealed, there is no telling how large the esports wagering market in the United States can grow or how long it will take to get there. As reported by both ESPN and Chris Grove, an estimated $5 billion was wagered illegally on Counter-Strike: Global Offensive Database-Link-e1521645463907 through skin betting alone in the United States in 2016. When we account for the massive growth of CS:GO, along with the popularity of other games, including League of Legends Database-Link-e1521645463907, Fortnite Database-Link-e1521645463907, and PUBG Database-Link-e1521645463907, as well as the recent launch of Activision Blizzard’s Overwatch League, it is clear that the esports wagering market in the United States has the potential to be substantial.

Meanwhile, the American Gambling Association estimates that roughly $150 billion is wagered illegally each year on sports in the U.S. How much of that number is poised to flow into esports may very well be determined by how broadly each state’s sports wagering legislation is perceived. Whatever happens in the near term, it seems clear that esports wagering is knocking on the United States’ door. The question now appears to be when that door will open.

Source: esportsobserver.com

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NODWIN Gaming Appoints Atin Suri as the Global Head of Experiential Marketing

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NODWIN Gaming, a leader in new-age youth entertainment, gaming, and esports, has announced the appointment of Atin Suri as Global Head of Experiential Marketing. With a track record of delivering disruptive, immersive brand experiences across diverse markets, Atin brings a wealth of expertise to help further NODWIN Gaming’s mission to engage and excite audiences across all ages, worldwide.

Atin will be responsible for leading NODWIN Gaming’s worldwide expansion efforts in experiential marketing and continued growth while handling the company’s white-label events and activations. His ability to formulate marketing strategies and well-crafted market messaging for a global audience ties in seamlessly with NODWIN Gaming’s vision as the company continues to expand its footprint in the industry and deepen its engagement with audiences.

A key focus for NODWIN Gaming is providing holistic entertainment to the global youth with its diverse range of intellectual properties that spans esports, gaming, pop culture, music, and comedy. Atin’s extensive expertise in crafting bespoke and immersive on-ground experiences will be key in enhancing consumer experience and brand recall.

“For me, experience is everything, and I’ve always wanted to push the envelope when it comes to the intersection of technology and immersive experiences,” said Atin. “At NODWIN Gaming, I see endless opportunities when it comes to experiential marketing especially when the company is expanding further towards youth-focused experiences across the world.”

Before joining NODWIN, Atin founded The Experiential Hub, a disruptive agency known for crafting innovative brand events and activations. His experience as a pioneer in experiential marketing includes leading several landmark campaigns.

A decade ago, Atin recognised the untapped potential of esports in India, a foresight that led to his successful collaboration with Akshat Rathee, Co-Founder and Managing Director of NODWIN Gaming. Together, they worked on Dew Arena and made it India’s Largest Offline Gaming Championship.

Building on this partnership, they went on to bring DreamHack, the world’s largest gaming festival to India. This groundbreaking project won the award for Best Intellectual Property at the prestigious WOW Awards Asia 2019. Atin also played a pivotal role in organising major esports events with the NODWIN Gaming team in India including ESL One, PUBG Club Open, PMPL South Asia and many more.

“We are thrilled to welcome Atin to NODWIN Gaming” commented Akshat Rathee, Co-founder and Managing Director of NODWIN Gaming. “Having worked with Atin on previous projects, we have always admired his ability to bring fresh and bold ideas to the table. His passion for tech-driven, experiential events makes him the perfect fit for our vision of creating unforgettable gaming experiences globally.”

Atin has also been the recipient of multiple honours like the JWT HiP Club Rising Star, the CEO Award from PepsiCo, and the Tech India Award.

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eSports

Team Vitality and ALDI collaborate to fight toxicity against women and promote diversity in esports

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  • Team Vitality and ALDI have collaborated to fight toxicity against women and promote diversity in esports through a powerful video launched today
  • The video titled “Des Failles dans La Faille” translates to “Rifts in the Rift,” referencing the League of Legends battlefield, where a significant amount of online toxicity stems from, highlighting the impact of cyberbullying on gamers who are women
  • The video features Team Vitality’s women’s League of Legends team, the Rising Bees, alongside TV Host and presenter Marie Palot, and League of Legends Shoutcaster, Nox.
  • The video is now available to watch on YouTube

Today, French esports club Team Vitality and ALDI have announced their collaboration to fight toxicity against women, break down stereotypes and promote diversity in esports through a powerful video titled, “Des Failles dans La Faille”. The campaign aims to raise awareness of the daily online harassment received by women in the gaming industry and its impact on their lives. In sharing their experiences, they reveal how certain messages undermine their confidence, harm their mental health, and negatively impact their in-game performance.

Online harassment and sexism are prevalent in gaming, and damage the development of the female esports scene worldwide. While 50% of worldwide gamers are women, only 7% compete in esports (France Esports Barometer 2023). A 2022 Ipsos study also showed that 84% of people harassed online are women, with 51% under the age of 30.

For over four years, Team Vitality and ALDI have prioritised the development of women’s esports, including spearheading the creation of Team Vitality’s women’s League of Legends team, the Rising Bees, in 2023. Together, both organisations are championing the development of a more equal and diverse ecosystem in esports, advocating for esports clubs worldwide to train women’s teams with the same facilities and resources provided to men’s teams, as well as raise the overall skill level, allowing more women to pursue professional careers in esports.

The video “Des Failles dans la Faille” centres on the Rising Bees, Team Vitality’s women’s League of Legends team. The title refers to Summoner’s Rift, the in-game battleground where players compete and where many women often become targets of hateful and toxic messages.

Appearing in the video to share their experiences include:

  • Velouria “Viki” Baty: French player and ADC for Team Vitality
  • Madison “Crowmac” Coutelet: French player and Toplaner for Team Vitality
  • Alena “Tifa” Maurer: German player and Midlaner for Team Vitality
  • Marie Palot: TV Host and presenter
  • Nox: League of Legends Shoutcaster
  • Anne Banschbach: Director of Esports at Team Vitality

In the video, they take turns reading and reacting to various online messages from gamers, covering issues like body shaming, death threats, misogyny, and more. Alongside this, they share their personal stories and emotions, which range from sadness and anger to feelings of isolation and hopelessness. They also discuss how these messages affect their daily lives and ultimately impact their performance, even though they admit they’ve become “accustomed” to these misogynistic attacks.

In the second part of the video, they read messages full of kindness and encouragement, which often get overlooked and lost among the many hateful messages. Team Vitality and ALDI aim to highlight the power of positivity in boosting morale, even amid the often harsh and hostile messages in the esports community.

Throughout the year, Team Vitality also produces and shares content following the Rising Bees’ journey, aiming to break down stereotypes and create inspiring role models for the next generation of gamers.

“Des Failles dans La Faille” is available to watch on YouTube.

 

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eSports

DATA.BET Celebrates Triumph at EiGE Awards 2024

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DATA.BET, a distinguished leader in esports betting solutions, was recognised at the European iGaming Excellence Awards, which took place on 15 October in Warsaw, Poland.

The EiGE Awards 2024, organised by Hipther, gathered vital industry leaders to celebrate the achievements of the most influential companies in the iGaming sector all around Europe. Held as part of the European Gaming Congress, the awards served as the highlight of the event, honoring the best-performing companies across the region. The congress itself offered a dynamic format of panel discussions, presentations and workshops, allowing attendees to explore the latest trends, challenges and growth opportunities in the sector.

This award highlights DATA.BET’s significant impact on the esports betting landscape, and showcases its ability to deliver reliable and advanced solutions that meet the needs of both operators and bettors. As the popularity of esports continues to grow within the European betting market, this achievement reinforces the company’s position at the forefront of the market.

“We are honored to receive this recognition. This award emphasizes both our achievements and the progress of our products. Throughout the year, we’ve introduced a range of new offerings, including Bet Builder and Widgets, such as Scoreboards and Pitch Tracker. Notably, the Player Props, launched in 2023, has quickly become a favorite among bettors. This acknowledgment reflects our team’s hard work and dedication, continuously striving to deliver top-tier esports betting solutions in the European market,” said Otto Boning, Head of Sales at DATA.BET.

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