On September 3, 2020, the second conference of the Research Center for Esports Law took place via livestream and focused on the fundamental question of how esports can be incorporated into the German legal system. In cooperation with Mittweida University of Applied Sciences and with the generous support of the law firm SKW Schwarz, the conference could be realized both on site and online (on YouTube and Twitch). During the livestream all viewers had the opportunity to ask the speakers questions in real time.

9.30 am - 10.00 am: Reception

Slot 1 (10.00 am – 10.15 am): Start of the stream

• Greeting from the Minister of State for Digitization (Dorothee Bär)
• Greeting from the Rector of Mittweida University of Applied Sciences (Prof. Dr. Ludwig Hilmer)
• Greeting from the Vice President of the University of Augsburg (Prof. Dr. Peter Welzel)
• Greeting from the main sponsor SKW Schwarz (Moritz Mehner)

Slot 2 (10.15 am – 11.00 am)

• “The Esports Definition – Formation, Subsumption, Legal Policy” (Nepomuk Nothelfer, Philipp Schlotthauer)

Slot 3 (11.00 am – 11.45 am):

• Greeting from the cooperation partner MELCHERS Rechtsanwälte (Dr. Holger Jakob, Dr. Matthias Spitz, Dr. Jörg Hofmann)
• “Non-profit Esports – Game Over?” (Prof. Dr. Peter Fischer)

11.45 am – 1.15 pm: Lunch 



Slot 4 (1.15 pm – 2.00 pm):

• Greeting from the cooperation partner Esports Research Network (Dr. Tobias Scholz)
• “Broadcasting Law and Livestreams” (Kai Bodensiek)

Slot 5 (2.00 pm – 2.45 pm):

• Greeting from the cooperation partner Stadler Völkel Attorneys at Law (Urim Bajrami)
• “Esports in the Employment Regulation” (Prof. Dr. Christian-Henner Hentsch)

Slot 6 (2.45 pm – 3.30 pm):

• Greeting from the cooperation partner ver.di (Heinrich Birner, Werner Theiner)
• “Working Hours in Esports” (Prof. Dr. Martin Maties)
  
  

3.30 pm – 4.00 pm: Break

Slot 7 (4.00 pm – 4.45 pm):

• Greeting from the cooperation partner Baker McKenzie (Christian Koops)
• “Good Luck for Big Money? - An Overview of Elements Relevant to Gambling Law in Esports” (Moritz Mehner)

Slot 8 (4.45 pm – 5.30 pm):

• Greeting from the German industry leader ad hoc gaming (Markus Bonk)
• “The Criminal Law Concept of Sports” (Dr. Felix Ruppert)

Slot 9 (5.30 pm): Conclusion and closing of the event

On September 3, 2020 the second conference of the Research Center for Esports Law (FeSR) took place at Mittweida University of Applied Sciences. Although only a few people were allowed to attend the conference on site, the livestream - made possible by the cooperation partners Mittweida University of Applied Sciences and SKW Schwarz - enabled a large audience to participate online.

On the subject of “The Incorporation of Esports into the German Legal System”, some of the industry's most renowned legal experts gave presentations on current legal issues and developments in the esports industry. The Research Center for Esports Law was happy to welcome Kai Bodensiek (partner at law firm Brehm & v.Moers), Prof. Dr. Peter Fischer (former presiding judge at the German Federal Tax Court, lawyer), Prof. Dr. Christian-Henner Hentsch (M.A., LL.M., Head of Law & Regulation at game association, Research Center for Media Law at TH Köln University of Applied Sciences), Moritz Mehner (Rechtsanwalt bei SKW Schwarz) und Dr. Felix Ruppert (research assistant at the University of Bayreuth) as speakers. The line-up was completed by FeSR members Prof. Dr. Martin Maties, Nepomuk Nothelfer and Philipp Schlotthauer.

The conference was opened at 10.00 am by the head of the Research Center for Esports Law, Prof. Dr. Martin Maties. Further greetings to the participants and viewers were sent by Dorothee Bär, Minister of State for Digitization, Prof. Dr. Ludwig Hilmer, Rector of Mittweida University of Applied Sciences, Prof. Dr. Peter Welzel, Vice President of the University of Augsburg and Moritz Mehner, Head of the Focus Group Esport of main sponsor SKW Schwarz.

The first presentation of the conference was given by Nepomuk Nothelfer and Philipp Schlotthauer. The members of the Research Center for Esports Law addressed the concept of esports. They methodically developed a descriptive term for esports. Based on this, the concept formation for the different scientific disciplines was examined. The insights were compared with the current legal-political developments in the field of esports.

Following a greeting from the cooperation partner MELCHERS Rechtsanwälte by Dr. Holger Jakob, Dr. Matthias Spitz and Dr. Jörg Hofmann, Prof. Dr. Fischer tackled the question of whether esports could be recognized as non-profit. Considering current jurisdiction of the European Court of Justice and the Federal Court of Finance, he pointed out that this was not possible at this stage - especially with reference to the dangers of addiction, the lack of physicality, the regulatory power of publishers and the protection of minors.

After a greeting from the cooperation partner Esports Research Network by Dr. Tobias Scholz, Kai Bodensiek presented the development regarding the new State Media Treaty. He elaborated on the innovations of the State Media Treaty and their effects on online livestreams of esports, among others. He noted that many streamers are certainly exempted from the licensing requirement by the new State Media Treaty, but the legal situation for larger streamers and networks is not yet clear.

Following a greeting from the cooperation partner Stadler Völkel Attorneys at Law by Urim Bajrami, Prof. Dr. Christian-Henner Hentsch looked at the new esports legislation in the Employment Regulation and raised the question as to whether the legislator should use this as a guideline for future regulations on esports. He stated that by regulating esports separately from sports, more tailored solutions for esports can be achieved and that this is therefore also desirable outside of the Employment Regulation.

The research center also presented the current state of research once again. After a greeting from the cooperation partner ver.di by Heinrich Birner and Werner Theiner, Prof. Dr. Martin Maties gave a presentation on the legal implications of the working hours of players. Among other things, the question was raised as to whether an esports professional may also play in his or her leisure time or if and when this is to be qualified as working time. He presented a possible catalog of criteria to address the problem. He also highlighted further problems that arise above all due to the high number of underage employees in esports and emphasized that applicable working time regulations must also be observed in the context of esports, especially for minors.

After a greeting from the cooperation partner Baker McKenzie by Christian Koops, Moritz Mehner discussed esports-related regulations of the current and future State Treaty on Gambling. Among other things, he examined the extent to which betting on esports events or "lootboxes" are subject to the respective regulations.

Dr. Felix Ruppert concluded the event following a greeting by Markus Bonk from the German industry leader ad hoc gaming. In his presentation, Dr. Ruppert examined the criminal law concept of sports in detail. He explained why esports can be subsumed under the criminal law concept of sports. The prohibition against reasoning by analogy as well as the principle of legal certainty would not contradict such an interpretation. Furthermore, he suggested that criminal law could serve as a source of inspiration for other areas of law.

After each of the presentations, there was the opportunity to ask questions to the speakers and discuss with them. This opportunity was widely used by both the attendees and the online audience. As in the previous year, the conference managed to provide a platform for discussion and exchange of views for all participants.

In his closing words, Prof. Dr. Martin Maties thanked all the audience and speakers as well as Nepomuk Nothelfer, Philipp Schlotthauer and the participants of the Mittweida University of Applied Sciences for their participation and support.