SoylentNews is people
SoylentNews
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.
(Score: 1, Interesting) by Anonymous Coward on Wednesday August 03 2016, @03:32PM
Seriously, where's the flood of "personal responsibility" posts that you'd normally expect when, you know, you think people should be personally responsible to follow their local laws and respect other people's rights and personal space when playing an augmented reality game? Oh yeah, thats right, the phrase "personal responsibility" never gets used except to victim-blame.
(Score: 3, Insightful) by kurenai.tsubasa on Wednesday August 03 2016, @03:57PM
I'm also surprised by the posts so far. It seems there's a lot of hatred out there for this game as some kind of public nuisance, annoyance, eyesore, etc. Or maybe just old people hating anything kids enjoy that they didn't have as kids.
Are there seriously that many players stupid enough to trespass on private property?
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.
So did they trespass or not? This just sounds like some asshole who can't handle people asking permission. Every neighborhood has one. That's the yard if you lose a kickball in it's gone for good. Personally I'd probably say go ahead, knock yourself out and what's back there anyway? Anything decent or just more rattatas?
Then again, I can guess what's really going on here. I'd say this is a pretty good example of plaintiffs just looking for an unearned payday. People knocking at your door is part of owning a fucking house. It's not trespassing. Learn to just say no, end the conversation, and move on with your day. You don't have an obligation to entertain every passer-by who knocks.
(Score: 3, Interesting) by looorg on Wednesday August 03 2016, @04:54PM
People knocking at your door is part of owning a fucking house. It's not trespassing.
... until the time there are hundreds of people at your door (or property) every day. Then it's a real nuisance and not normal anymore. How about having a business where people just keep coming in and then just do their pokemon thing and then leave. They are not really potential customers you are missing. Personally I would find it hilarious if some super rare pokemon showed up at the NSA or CIA or someplace similar.
... maybe just old people hating anything kids enjoy that they didn't have as kids. Are there seriously that many players stupid enough to trespass on private property?
You could combine the two. Perhaps there are a lot of kids that are playing. They are not very considerate or think things thru all that well, it's a big part of being kids. Ohh Pikachu on the rail tracks ... Go! Cool stuff behind this 3m high wire fence ...
I don't play, but I am old (or middle aged). I don't find it annoying as a thing or concept - only somewhat flawed. I would probably find it annoying as hell if they randomly had put one of the stops in my yard. Overall I find it somewhat entertaining when I'm out walking to see all the people with their phones walking around like zombies in packs looking for the various spots, they are quite hard to miss. On the other hand it's probably great - they get to be outside, they get a bit of exercise from all the walking. Somehow I see this working out great now in the summer, it will probably be a bit of a bummer in about 4-5 months when it's freezing cold and snowing - but that largely depends on where in the world you are.
(Score: 1) by gmrath on Wednesday August 03 2016, @05:52PM
" Personally I'd probably say go ahead, knock yourself out and what's back there anyway? Anything decent or just more rattatas?"
I'll bet your property insurance underwriter might have something to say about that. Kids asks for permission. You let kids in backyard. Kid gets hurt. Kid's parents sue the crap out of you because you cannot waive liability by giving simple permission; that requires legal agreement between parties such as between you and a contractor doing work on your property who must have surety bonds to post, proof of insurance, et cetera. After the settlement, insurer drops you. Your next homeowners' insurance premium is going to be exorbitantly expensive. No one wins but the attorneys on both sides and the insurance companies. There is a reason not to let folks wander around your backyard or on your property. I mean, other than being a grumpy old fart, that is.
(Score: 2) by frojack on Wednesday August 03 2016, @06:23PM
Actually I'm betting kurenai.tsubasa doesn't own ANY property, and holds a certain jealousy or contempt for those that do, and finds it a convenient debating tactic to claim magnanimity in management of said non-existent property.
Five kids poking at their phone standing next to your rose bushes might make you chuckle. Fifty kids a day trampling same roses changes your opinion real fast. But hey, if your rose is plastic and in a pot in your 3rd floor apartment windowsill, who cares what happens to the real bushes.
No, you are mistaken. I've always had this sig.
(Score: 1) by kurenai.tsubasa on Wednesday August 03 2016, @10:58PM
Actually I'm betting kurenai.tsubasa does. And I'll bet she enjoys eating hipster kale on her property! She might even be growing fresh, organic hipster kale as we speak! (Ok, I haven't gotten around to starting a veggie garden yet.)
Yeah, that's right. My ex-parents threw me out and cut me off when I was 19-ish, I spent some time homeless, and now I'm a trans fucking gendered millennial property owner. How's that for bootstrappy? It's called living within your means.
GP makes a somewhat valid point. It would suck, but my insurance policy doesn't leave me out to dry last I checked. Now, answer me this: did you or did you not actually have a shed in the 80s that you nailed plastic bags to as part of an 8 year experiment?
(Score: 3, Interesting) by mcgrew on Wednesday August 03 2016, @05:28PM
You've never noticed how incredibly stupid the average human ape is? This is actually a re-run of something that happened in St Louis in 1962.
A pop radio station, WIL (east side of the river, west of the river the call letters start with K) ran a contest where something like a thousand dollars (that would be about $10,000 in today's money) was supposed to be buried in the St Louis area and they gave hints over the air as a way to build listenership; their rival KXOK was much more popular.
People were digging holes in Forest Park, on golf courses, schoolyards, private homes' yards. It was a serious clusterfuck, even worse than the Pokemon thing today. There wasn't just trespass, but vandalism. Digging holes in your neighbor's yard is vandalism, after all.
When it was found that the contest was really a hoax perpetrated by station management and there was really no buried treasure, the FCC yanked their license. WIL was dark for a few years and came back under new ownership as a country music station.
mcgrewbooks.com mcgrew.info nooze.org