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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, @04:35PM
If Niantic posted a physical sign in front of your house that said "free beer inside" and a bunch of people came and trashed your house looking for beer, Niantic would have some shared responsibility for the damage.
Ah but did Niantic actually do that? Your house having a sign saying "free beer inside" is different from your house having beer visible from the outside. I don't play pokemon go but I got the impression that it's more like some creature appears in your garden and a bunch of people came and trashed your house to catch it.
Just because a creature appears in your garden doesn't mean that others are right to trespass to capture it. Niantic is to be blamed if they gave the impression that it was fine to do so. But otherwise the trespassers are the ones who should take the responsibility.
(Score: 1, Insightful) by Anonymous Coward on Wednesday August 03 2016, @05:01PM
By putting the pokemon on private property they are telling people to go there. Both players and company are responsible.
(Score: 1, Insightful) by Anonymous Coward on Thursday August 04 2016, @02:23PM
(Score: 0) by Anonymous Coward on Wednesday August 03 2016, @05:31PM
Think in terms of "incitement to riot". "yelling fire in a movie theater" or "fee stuff" on Craig's list.
Yes, the rioters are responsible for damage they do. Just are the fleeing movie watchers, breaking though a wall instead of using a fire exit. Or the guy with pickup truck taking all the stuff in an empty house.
But the person "lighting-the-match" (yes, pun intended) is reason for all too. Maybe even at a higher cost since he is responsible for each of the other acts.
(Score: 2) by Anal Pumpernickel on Wednesday August 03 2016, @10:06PM
Think in terms of "incitement to riot". "yelling fire in a movie theater"
The "yelling fire in a crowded theater" example first came about in a court case where they convicted war protesters, which shows how broad and authoritarian this concept is. No one has to listen to your speech, and if they do, too bad for them.
But neither are even comparable normally anyway, since there isn't an incitement to imminent lawless action in this case. People could refrain from playing the game, or players could simply not go on property where they aren't allowed. No one is forcing them to do either.
Maybe even at a higher cost since he is responsible for each of the other acts.
No. People are responsible for their own actions. If you choose to react violently or foolishly to someone else's speech, that's on you.
(Score: 5, Informative) by curunir_wolf on Wednesday August 03 2016, @08:57PM
That's not how it works. Yes, Pokemon can "appear" wherever you are when playing the game. But, it's not "over there". You don't have to move to go catch it - you catch it from wherever you're standing. So, while a Pokemon may show up "over the fence" on some private land, there is NO reason to actually trespass to catch it. Players are encouraged to go where the Pokestops and Gyms are, and Niantic has done a lot of work to make sure they are always in publicly accessible places.
I am a crackpot