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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: 0) by Anonymous Coward on Wednesday August 03 2016, @05:39PM
The virtual elements don't interact with the physical space. If you never install Pokemon Go then you'll never see the Pokemon. Just because a device says something interesting might be over there doesn't mean you're allowed to go there. Are you really trying to claim property owners own the entire virtual space around their property? They don't own underground nor the airspace, so why virtual space? If in a movie something blows up Ohio should Ohio residents be allowed to sue because the movie creators didn't get everyone's permission to virtually destroy their property?
Pokemon Go is a funner (it should be a word) version of geocaching. Most geocachers are able to respect property boundaries, but it seems like a lot of Go players aren't. The world by default is public and there are ways to opt out: post a no trespassing sign or put a fence around your property. If you want to make money, put up a camera and subpoena Niantic for the identities of all the players who enter your lands, then sue the players.
It was rude of Niantic to not limit the game to public areas (roadways and parks) and provide a way to opt-in, but that shouldn't be illegal. Nothing tangible is being done to any property by the game.