Stories
Slash Boxes
Comments

SoylentNews is people

SoylentNews is powered by your submissions, so send in your scoop. Only 18 submissions in the queue.
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.


Original Submission

 
This discussion has been archived. No new comments can be posted.
Display Options Threshold/Breakthrough Mark All as Read Mark All as Unread
The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
  • (Score: 2) by bradley13 on Wednesday August 03 2016, @04:40PM

    by bradley13 (3053) on Wednesday August 03 2016, @04:40PM (#383651) Homepage Journal

    This is a class action suit in the USA, land of shyster lawyers in desperate need of tort reform. In any same country, this suit would be thrown out immediately.

    Consider how many books take place in real places. Just as an example, I recall a series about dark and magical events in and around Edinburgh. Is there really a hidden basement under a house on Flibbeldy Street? Maybe so, maybe not - the readers generally do not invite themselves into people's private gardens and living rooms to find out.

    I don't really see how Pokemon Go is any different: They've designated some real-world spots as game locations, so what? If it's a private area, you don't invite yourself in. There are plenty of other spots that are accessible.

    A lawsuit? Only in the USA...

    --
    Everyone is somebody else's weirdo.
    Starting Score:    1  point
    Karma-Bonus Modifier   +1  

    Total Score:   2  
  • (Score: 0) by Anonymous Coward on Wednesday August 03 2016, @04:43PM

    by Anonymous Coward on Wednesday August 03 2016, @04:43PM (#383652)

    Gotta sue 'em all! Lawyer-man!

  • (Score: 2) by TheRaven on Wednesday August 03 2016, @05:24PM

    by TheRaven (270) on Wednesday August 03 2016, @05:24PM (#383680) Journal
    The book analogy would only make sense if it were a puzzle book that required you to enter private property to find some of the clues.
    --
    sudo mod me up
    • (Score: 2) by WillR on Wednesday August 03 2016, @06:48PM

      by WillR (2012) on Wednesday August 03 2016, @06:48PM (#383708)
      You're not "required" to do anything. You *can* just let that jigglypuff that just spawned where you can't reach it without climbing that fence with the "TRESPASSING PROHIBITED - ARMED RESPONSE" signs on it go.
  • (Score: 2) by theluggage on Wednesday August 03 2016, @06:48PM

    by theluggage (1797) on Wednesday August 03 2016, @06:48PM (#383707)

    I don't really see how Pokemon Go is any different: They've designated some real-world spots as game locations, so what? If it's a private area, you don't invite yourself in. There are plenty of other spots that are accessible.

    Pokemon Go is different because not only does it actively encourage players to visit that place, physically visiting those places is the only way to play the game.

    Also - its not just "ooh look - there's a cool pokemon that's randomly appeared just over that fence" - there are "Pokestops" that dispense power-ups every 5 minutes and "Gyms" where you train your Pokemon that take the name of the location - so you'll see a PokeStop called "The Spotted Cow Inn" or "Springfield Baptist Church" shown as a disc with a photo of the building. Naive people (of whom there is a limitless supply) might reasonably think those institutions were somehow willingly participating in the game (and I'm sure part of the business plan is to introduce sponsored pokestops/gyms).

    Its very intrusive and the designers would have to be complete morons not to realise that their actions could cause people to congregate & possibly cause trouble at these locations.

  • (Score: 2) by SecurityGuy on Wednesday August 03 2016, @07:25PM

    by SecurityGuy (1453) on Wednesday August 03 2016, @07:25PM (#383723)

    I don't really see how Pokemon Go is any different

    You answered your own question: "the readers generally do not invite themselves into people's private gardens and living rooms to find out."

    If I go home and find one random person wandering in my backyard, I'm not going to think it's anyone's fault but that one random person. If someone creates a game and that kicks off a stream of random people coming to wander your backyard, and there's nothing you can do to stop it short of kicking each one out individually, until the game dies out, then I'd definitely think you'd have legitimate grounds to ask (or make, legally) that company stop. The alternative seems much like the argument children use. "Hey, I'm just swinging my arm. Not my fault your face is in the way!"

    • (Score: 2) by Anal Pumpernickel on Wednesday August 03 2016, @10:18PM

      by Anal Pumpernickel (776) on Wednesday August 03 2016, @10:18PM (#383797)

      Except that there is no magical force that makes people play this game or trespass on random property. That's not a childish argument; that's the long-lost concept of personal responsibility that very few people seem to care about.

  • (Score: 2) by Capt. Obvious on Wednesday August 03 2016, @08:22PM

    by Capt. Obvious (6089) on Wednesday August 03 2016, @08:22PM (#383748)

    Maybe so, maybe not - the readers generally do not invite themselves into people's private gardens and living rooms to find out.

    Except, they do. Movie tourism is a real thing, but so is unwanted gawking. People have had to move out of their house because it was in a popular movie. Usually, there is a lag, between when people see the Goonies, and when they are old enough to trek to the house, so sometimes they're not even the people who got paid for the filming.

    Things like any area code's 867-5309 get ruined by idiots calling it.

    This is why movies/TV shows all use "555" prefixes, because otherwise they risk getting sued for unleashing a bunch of fans calling the number.