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posted by martyb on Wednesday August 03 2016, @01:21PM   Printer-friendly
from the Pokémon-Go-Away! dept.

Niantic faces a class action lawsuit for encouraging trespassing on private property:

When Niantic released Pokemon Go, it randomly placed Pokémon, Pokéstops and Pokémon Gyms all over the world. Players of the game wander the real world and use smartphones to capture Pokemon, buy items and fight Pokemon Gym leaders.

"To create that immersive world, Niantic made unauthorized use of Plaintiff's and other Class members' property by placing Pokéstops and Pokémon gyms thereupon or nearby," said Jennifer Pafiti in the lawsuit. "In so doing, Niantic has encouraged Pokémon Go's millions of players to make unwanted incursions onto the properties of plaintiff, and other members of the class, a clear and ongoing invasion of their use and enjoyment of their land from which defendants have profited and continue to profit."

Due to the randomized placement of the Pokémon, Pokéstops and Pokémon Gyms, they have turned up in some unwanted locations such as in houses, cemeteries and museums. According to Jeffrey Marder, a man living in New Jersey, he received at least five unwelcome visitors that wanted access to his backyard to catch Pokémon within the first week of the game's launch.

"Plaintiff and other Class members have all suffered and will continue to suffer harm and damages as a result of Defendants' unlawful and wrongful conduct. A class action is superior to other available methods for the fair and efficient adjudication of this controversy," said Pafiti.


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  • (Score: 3, Informative) by donkeyhotay on Wednesday August 03 2016, @02:25PM

    by donkeyhotay (2540) on Wednesday August 03 2016, @02:25PM (#383598)

    You say that all of the locations were expected to be validated as "public" property. Here is something to consider: we discovered that our Church was designated a Pokemon Gym. That's fine, though it is a little unnerving to have strangers roaming our unlit parking lot at night. But then it was discovered that our parking lot was NOT where the gym was supposed to be. It was supposed to be in the parking lot of a business across the street. So, it seems like it is possible for private property to be mis-identified.

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