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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.


Original Submission

 
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  • (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.

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