Pokémon Go Developer Sued | Leisure Insurance
A lawsuit in a federal has raised a new question about whether it is legal for a company to bring a reality game creatures on to your property.
Jeffrey Marder, from West Orange, New Jersey, found soon after the release of Pokémon Go, that strangers had started hanging around outside his home.
At least five of them knocked on Marder’s door and asked to go in to his back garden “to catch and add to their virtual collections” of the Pokémon images. They are superimposed over the real world that the game developer had placed at the residence without his permission.
The developers had designated properties as Pokéstops and Pokémon gyms and had not sought permission from owners.
“It became apparent that Niantic had designated properties as Pokéstops and Pokémon gyms without seeking permission from property owners and with flagrant disregard for the foreseeable consequences of doing so,” according to his complaint. The stops and gyms help users gain access to in-game items and advantages.
Jeffrey Marder is not teh only one to experience this. it has happened at cemeteries and the Holocaust Memorial Museum in Washington DC, according to Marder. He has filed a proposed nationwide class-action lawsuit against Niantic, the developer of the game. Pokémon Company, which holds the marketing and licensing rights for the franchise, and Nintendo, which publishes the Pokémon video game series and owns a 32% stake in Pokémon Co.
Niantic acknowledges its placement of Pokéstops on private property, and advises users on the game website: “If you can’t get to the Pokéstop because it’s on private property, there will be more just around the corner, so don’t worry!,” according to the complaint.
The company’s guidelines for the game on its website remind users to “adhere to the rules of the human world” and to stay aware of their surroundings. Users are warned against trespass or gaining access to a location without right or permission.
The lawsuit, which asks for a jury trial, wants unspecified damages for the class. Niantic did not immediately comment.
There must be a lesson in there somewhere for all us Leisure freaks!!