Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Pokémon Go: Is a New Meaning to "Trespassing" in the Works?

Author: Scarinci Hollenbeck, LLC

Date: April 6, 2017

Key Contacts

Back

Location-based augmented reality game Pokémon Go may have passed its prime, but that doesn’t mean bystanders have forgotten about the players stepping on their property. Legal action has been taken, and now a judge has to make a decision that may bring new substance to the meaning of trespassing, according to The Hollywood Reporter.

The evolution of Pokémon games

For those who are unaware, Pokémon Go is a play on the Game Boy Pokémon games that surfaced in the 90’s, according to Forbes contributor Dave Thier. The object of the original game is to capture Pokémon – a name derived from the combination of “pocket” and “monsters” – and train them to battle. The player sets out on a journey to capture and train as many Pokémon as possible, in hopes of becoming the best trainer in the world.

Fast forward to 2016: We’re in the digital age, where technological advances are spearheading so many different industries. Entertainment-wise, virtual reality has taken off, giving consumers an exciting, interactive way to play video games. Augmented reality has also surfaced, which is technology that takes a computer-generated image and superimposes it over the view of the real world via smartphone. Pokémon Go is the perfect example of such technology that has skyrocketed in popularity. Users play the game as they did in the 90s, but they’re not controlling the trainer within the game – they are the trainer outside of it. Using a smartphone camera, players find and catch virtual Pokémon characters in real-life locations.

Harmless play or a potential lawsuit?

While the game may have a great reputation with its players, that’s not quite the case for innocent bystanders. Last summer, many homeowners began nuisance lawsuits against the app’s developing company Niantic, claiming that strangers, walking around in what seemed like an aimless manner, were disturbing them on their property.

However, Niantic has stressed that unless these strangers are trespassing on the property – not merely aiming their phone at it to collect a virtual Pokémon – then there’s nothing to dispute. He stressed that all users must agree to Terms and Trainer Guidelines before playing the game, which states that they cannot break a law to capture a Pokémon.

But homeowners are firing back, hoping for an adjustment to the meaning of trespassing – one that denies “virtual trespassing” as well. A statement regarding the proposition can be found in the opposition brief:

“Landowners should have a right to refuse the placement of virtual objects on their property – at least where those virtual objects create any kind of incentive for any persons to be in their physical proximity.” 

Niantic responds

But Niantic isn’t standing for this. His reply echoed his earlier argument – that a person may not be punished for “virtual trespass” – if so, this will destroy many apps that consumers love and use on a daily basis. In a reply to the opposition, Niantic’s lawyers stated the following:

“This does not support Plaintiffs’ theory that property owners should be able to prevent app developers from displaying on-screen virtual objects on the devices of third parties, at virtual locations corresponding to being near the property owners’ properties. If accepted, it would threaten numerous online services. For instance, creators of apps that display on-screen markers (e.g., a walking tour app that flags landmarks or an app that permits users to ‘check-in’ virtually to a location to connect with friends) could be liable for trespass. There is no legal support for, and no need for, the expansion of the law Plaintiffs advocate, so the Court should reject their theory.”

Most social media apps, for example, give users the ability to “check-in” at a location. Snapchat uses on-screen markers to tag geographical locations in pictures as well. If the courts redefine the meaning of trespassing, with a virtual twist, apps may suffer after eliminating interactive features that attract users.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Corporate Consolidation and Antitrust Issues in Mergers post image

Corporate Consolidation and Antitrust Issues in Mergers

Corporate consolidation involves two or more businesses merging to become a single larger entity. The result is often a stronger and more competitive company that can better navigate today’s competitive marketplace. What Is Corporate Consolidation? Corporate consolidation closely resembles a basic merger transaction. The primary difference is that a consolidation creates an entirely new business […]

Author: Dan Brecher

Link to post with title - "Corporate Consolidation and Antitrust Issues in Mergers"
What is Business Law and Why Is it Important? post image

What is Business Law and Why Is it Important?

Business law plays a critical role in nearly every aspect of running a successful enterprise, from negotiating a commercial lease to drafting employee policies to fulfilling corporate disclosure obligations. Understanding what is business law and your legal obligations can help your business run smoothly and build productive relationships with clients, business partners, regulators, and others. […]

Author: Dan Brecher

Link to post with title - "What is Business Law and Why Is it Important?"
Corporate Transactions: Best Practices for Successful Deals post image

Corporate Transactions: Best Practices for Successful Deals

Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]

Author: Dan Brecher

Link to post with title - "Corporate Transactions: Best Practices for Successful Deals"
How to Conduct a Fair and Legal Employee Termination in 2025 post image

How to Conduct a Fair and Legal Employee Termination in 2025

Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]

Author: Angela A. Turiano

Link to post with title - "How to Conduct a Fair and Legal Employee Termination in 2025"
Admin Dissolution for Annual Report: What You Need to Know post image

Admin Dissolution for Annual Report: What You Need to Know

While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]

Author: Dan Brecher

Link to post with title - "Admin Dissolution for Annual Report: What You Need to Know"
What Is Antitrust Litigation Law? post image

What Is Antitrust Litigation Law?

Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]

Author: Robert E. Levy

Link to post with title - "What Is Antitrust Litigation Law?"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!