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Pokemon Goes to Court in Backyard Monster Trespassing Case

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Dalek

Member
Pokemon Goes to Court in Backyard Monster Trespassing Case

A New Jersey resident with a pocket monster in his backyard filed what may be the first lawsuit against Niantic Inc. and Nintendo Co. for unleashing Pokemon Go across the U.S., claiming that players are coming to his home uninvited in their race to “catch ’em all.”

The West Orange man alleges the companies have created a nuisance with their GPS-based game and seeks class-action status on behalf of all Americans whose properties have been trespassed upon by players in search of Pokemon Go monsters. The complaint includes references to Pokemon hunters parading into an Alabama cemetery and the U.S. Holocaust Memorial Museum in Washington and also cites a Massachusetts homeowner visited more than a dozen times within hours of the game’s release last month.
Pokemon Go was developed by San Francisco-based Niantic, with some input from Nintendo. While excitement over the game’s popularity at one point more than doubled Nintendo’s market value, shares have since corrected as the company pared back expectations, saying financial impact will be "limited."

“At least five individuals knocked on plaintiff’s door, informed plaintiff that there was a Pokemon in his backyard, and asked for access to plaintiff’s backyard in order to ‘catch’ the Pokemon,” according to the complaint. “Defendants have shown a flagrant disregard for the foreseeable consequences of populating the real world with virtual Pokemon without seeking the permission of property owners."

“There’s going to be 200 lawsuits, that’s for sure," Morrison said in a phone interview. “If the court comes along and says this kind of suit is OK, what a terrible blow it will be to augmented reality technology."
The case is Marder v. Niantic Inc., 16-cv-04300, U.S. District Court, Northern District of California (Oakland).
 

Trojita

Rapid Response Threadmaker
“Defendants have shown a flagrant disregard for the foreseeable consequences of populating the real world with virtual Pokemon without seeking the permission of property owners."

lol
 

Volimar

Member
It's not niantic's fault that idiots trespass. That said, it'd be nice if there were an opt out system for people to get rid of the pokeymans.
 

Ashby

Member
It's not niantic's fault that idiots trespass. That said, it'd be nice if there were an opt out system for people to get rid of the pokeymans.

Nobody even trespassed. He's complaining about people knocking on his door lol
 

gutshot

Member
Next up for this guy: suing Frisbee makers because their flying discs keep inconsiderately going over the fence, forcing the neighbor kids to knock on his door and ask if they can go into his backyard and get it.
 

Grym

Member
.
pokemon-full-letter-20160719105208.jpg~q75,dx720y-u0r1g0,c--.jpg




Put up a rude sign instead of a lawsuit.


unless there is actual tresspassing going on, I don't see an issue here.

There is nothing wrong with individuals asking permission to enter private property. People do it to request hunting privileges, people do it to retrieve errant baseballs, I've been asked if someone can metal detect on my land, etc.. I just see no impact/injury in how this suit is framed by the homeowner. He was asked permission? Oh the horror
 
It's not niantic's fault that idiots trespass. That said, it'd be nice if there were an opt out system for people to get rid of the pokeymans.
It should be opt in by default, dude shouldn't have to contact some company to get his home exempted from a irl video game.

The suit has bad ramifications if it succeeds but honestly I sympathize with the guy.
 

Volimar

Member
It should be opt in by default, dude shouldn't have to contact some company to get his home exempted from a irl video game.

The suit has bad ramifications if it succeeds but honestly I sympathize with the guy.

Opt in for private property doesn't seem like a bad idea.
 

gutshot

Member
It should be opt in by default, dude shouldn't have to contact some company to get his home exempted from a irl video game.

The suit has bad ramifications if it succeeds but honestly I sympathize with the guy.

Opt in for private property doesn't seem like a bad idea.

How exactly do you propose Niantic contacts everyone in the world asking them if they'd like to opt-in to the game?
 

zeemumu

Member
Unless his backyard is massive you could probably get close enough to have it spawn without going into someone's yard
 

Volimar

Member
How exactly do you propose Niantic contacts everyone in the world asking them if they'd like to opt-in to the game?

Ideally you'd go to the site and put your addy in and in the next update they'd add you. But people could just put in any address if they wanted I suppose, so...

I unno.
 
It should be opt in by default, dude shouldn't have to contact some company to get his home exempted from a irl video game.

The suit has bad ramifications if it succeeds but honestly I sympathize with the guy.

Yea, those 5 whole people he had to answer the door to has probably given him day to day medical and psychological related damage. Poor dude. I hope he will be ok come Halloween.
 

Jetman

Member
Unless his backyard is massive you could probably get close enough to have it spawn without going into someone's yard

Exactly. Calling bullshit on this until I see the size of his yard. I've seen older idiot republicans on my FB posting meme's about staying out of their yard. I think this guy is taking it and running with it, without knowing specifics of the game, and hoping to make a quick buck.
 
Yea, those 5 whole people he had to answer the door to has probably given him day to day medical and psychological related damage. Poor dude.

I don't think the suit has merit (based on the description) and dude might be overreacting, sure.

But what if there's an augmented reality game in the future where your home is an essential pit stop, where there's a character or location centered on your property that is necessary to proceed in the game? Why on earth would that be on the homeowner to proactively seek out the private company and say "hey, I didn't want this"?

Don't other AR games use public landmarks/locations as hotspots? I don't understand why that would be untenable.
 
Don't other AR games use public landmarks/locations as hotspots? I don't understand why that would be untenable.

I could be wrong but I'm fairly sure that the intent with Pokemon Go is exactly that-- all stops and gyms are public places. To the extent that landmarks are located at private homes, those are mistakes and that's what the opt-out system is in place for. They didn't purposely pick out people's private homes to be landmarks in the game.
 

ViciousDS

Banned
Nitantic also needs to re-do the algorithm outside of parks to where pokemon spawn closer to the road. There was literally a pokemon in someones yard confirmed by a tracker when the in game one was also working at the time in the dead center of two streets. You had to go onto someones yard to get it to pop.
 

gutshot

Member
They're literally directing people to go there putting markers on people's property. I mean, it's literally Niantic's problem in every way this issue can be seen.

This guy's lawsuit isn't complaining about a gym or Pokestop at his property. It's Pokemon spawning on his property. Pokemon can spawn anywhere, so it's not Niantic "putting a marker" on his property and directing people to go there. It's just random whether a Pokemon spawns in this yard and whether people are around to see it and/or want to get it.
 

diaspora

Member
This guy's lawsuit isn't complaining about a gym or Pokestop at his property. It's Pokemon spawning on his property. Pokemon can spawn anywhere, so it's not Niantic "putting a marker" on his property and directing people to go there. It's just random whether a Pokemon spawns in this yard and whether people are around to see it and/or want to get it.

Niantic can't prevent them from wandering outside public spaces?
 
Id really hate to be the one person in the city who had a Dratini spawn point in their backyard. That would get annoying in a hurry.
 

Arrrammis

Member
I really don't get why this is an issue at all! In the game, you can find pokemon in a radius of about 50 meters, and they stay on your screen until you get roughly 100 meters away (IIRC from the datamined notes). You can tap them as long as they are on your screen, so you can catch them from a long ways away. Unless these homeowner have backyards larger than a football field, I have trouble understanding why players continually try to go on to someone's property. In my suburban area and even when I go into a larger city, the blocks are small enough that I can catch pokemon that are sitting in someones backyard while I'm on the street or the sidewalk.

People are going to be stupid no matter what, I don't think that Niantic can be held too responsible for these problems.
 

mrklaw

MrArseFace
Isn't the range pretty wide? How big is their backyard that people can't find the Pokemon while staying outside?
 
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