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NEWS: Lawsuit Filed Against Pokémon Go Developers


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cloud8100



Joined: 30 May 2010
Posts: 550
PostPosted: Wed Aug 03, 2016 5:29 pm Reply with quote
BlueCatMage wrote:
Seriously?! The guy should be damn happy that the people actually ASKED him for permission to come on to his lawn instead of illegally trespassing like those kids did at the zoo and other places. I'd much rather deal with that then having to constantly call the police because people keep entering without consent. -___-;


Yeah, but if you don't want to, you shouldn't have to deal with people even trying to get in your garden. That's why they should prohibit the private territory of others from having Pokemon in the first place.
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Hameyadea



Joined: 23 Jun 2014
Posts: 3679
PostPosted: Wed Aug 03, 2016 5:45 pm Reply with quote
Let's start with the basics here, did he put up a sign informing players that they won't get access to the yard? Aside from a few cases, it would seem that the majority of players are trying to respect the locals' decision about things like entry to the premise, or noise level during the night.
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TsukasaElkKite



Joined: 22 Nov 2005
Posts: 3973
PostPosted: Wed Aug 03, 2016 6:25 pm Reply with quote
This is why we can't have nice things
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Joe Mello



Joined: 31 May 2004
Posts: 2273
Location: Online Terminal
PostPosted: Wed Aug 03, 2016 6:26 pm Reply with quote
As the game loads, it cautions you to be aware of your surroundings while playing. That alone should be enough of a defense to survive in court.

cloud8100 wrote:
That's why they should prohibit the private territory of others from having Pokemon in the first place.

Are you volunteering yourself to go throw the zoning records for every town and city in the world to determine where public property starts and stops? What about the private properties that embrace being featured in the game? If they want to put in an opt-out system, that's fine, but there's no way what you are suggesting is plausible.
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kazenoyume



Joined: 18 Apr 2006
Posts: 425
PostPosted: Wed Aug 03, 2016 6:33 pm Reply with quote
This guy sounds obnoxious, to be honest.
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DuchessBianca



Joined: 24 Apr 2015
Posts: 562
PostPosted: Wed Aug 03, 2016 6:59 pm Reply with quote
Lawsuit is absolutely stupid but the real problem is the many, many people who seem to lack common sense or compassion. How pathetic and self absorbed do you really have to be to actually pester people in their homes to gain "access" to their properly so you can catch some worthless virtual pixels? Even worse the ones who don't ask permission and just trespass. Catch your virtual pixels in public places where you aren't disturbing people dealing with their REAL, private lives. The sooner this madness over this stupid fad dies the better.
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Suena



Joined: 27 May 2012
Posts: 289
PostPosted: Wed Aug 03, 2016 7:28 pm Reply with quote
As someone with bad anxiety, I would really go nuts if I had a sudden influx of people knocking at my door.

There really ought to be an easy way for property owners to opt out their location or request it to move x number of feet to a place that people can easily access without having to go onto the property itself.
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whiskeyii



Joined: 29 May 2013
Posts: 2256
PostPosted: Wed Aug 03, 2016 7:47 pm Reply with quote
While I do think people should be able to opt out of having, say, their house be a gym, Pokemon Go now literally opens with one of several additional pop-up messages to the affect of "Don't PG and drive", "Pay attention, dumbass" and "Don't trespass like an idiot". Just, y'know, in nicer language. Pretty sure this guy doesn't have a leg to stand on here.

It's also hard to tell how PG determines gyms and Pokestops. All the ones in my areas are actual pieces of decor (statues, fountains, that sort of thing) or public businesses. No Gym houses here!
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AJ (LordNikon)



Joined: 14 Apr 2009
Posts: 504
Location: Kyoto
PostPosted: Wed Aug 03, 2016 7:56 pm Reply with quote
BlueCatMage wrote:
Seriously?! The guy should be damn happy that the people actually ASKED him for permission to come on to his lawn instead of illegally trespassing like those kids did at the zoo and other places. I'd much rather deal with that then having to constantly call the police because people keep entering without consent. -___-;


Now multiply this by X number of times in the day, during dinner, while in the shower, or watching prime time TV, and also take in the fact for every one person who comes to the door there's five that don't.

According to other reports, more in depth than this one, the home owner who has filed the class-action suit has stated he has had people trespass on his property at all hours of the day and some have asked for access to his residence to look as well.

Maybe you're still young and live in a gated community, but as you get older, and/or have kids, one becomes VERY wary of a stranger knocking on your door at any time in the day.

Personally, this is not a huge cash payout for him; it's a class-action lawsuit,. If anyone is looking for a cash grab out of Pokemon Go, it's Niantic, who clearly showed little concern when making the game.
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CrownKlown



Joined: 05 May 2011
Posts: 1762
PostPosted: Wed Aug 03, 2016 8:35 pm Reply with quote
Courts have several times ruled that depending on the situation a disclaimer does not in fact disclaim you of liability. So just because Niantic puts some kind of warning, that does not absolve it of responsibility.

I normally am not fan of these kind of suits, but the fact is Go has been a nusiance to a lot of people an entities, and so far the creators are able to sit back and throw their hands up in the air, while according to some numbers they pull in millions per day.

Its hard to say what happens if this goes to court, one side obviously has access to much better legal council, but there is a legitimate case here.
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Katamori



Joined: 03 Aug 2016
Posts: 33
PostPosted: Wed Aug 03, 2016 8:38 pm Reply with quote
It's funny since most of the locations are based off Ingress portals which were placed for the most part by players.It was basically the same game as pokemon go and has been around since 2012 but you didn't see people complaining then.Btw they are working on making it so people can opt out afaik.
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revolutionotaku



Joined: 19 May 2011
Posts: 891
PostPosted: Wed Aug 03, 2016 8:56 pm Reply with quote
Pokégate Laughing
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R315r4z0r



Joined: 30 Aug 2007
Posts: 717
PostPosted: Wed Aug 03, 2016 9:00 pm Reply with quote
People knocking on your door for to ask for permission to enter your property is literally the exact opposite of trespassing...
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Razor/Edge



Joined: 05 Jun 2015
Posts: 607
PostPosted: Wed Aug 03, 2016 9:10 pm Reply with quote
AJ (LordNikon) wrote:

According to other reports, more in depth than this one, the home owner who has filed the class-action suit has stated he has had people trespass on his property at all hours of the day and some have asked for access to his residence to look as well.


This should have been in the original article on here. It's pretty important to overall context of the case and totally changes how this guy is perceived. I'm sure everyone leaving a comment hear didn't go read the source or did any further research and are just responding based on this incredibly one-sided article.
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CandisWhite



Joined: 19 Apr 2015
Posts: 282
PostPosted: Wed Aug 03, 2016 9:37 pm Reply with quote
This is a public activity which has impeded on a man's private property, a fact even more egregious because it is his home, his personal space.

He should not have to opt out of this: Nothing should have been put there in the first place! It is not the job of private people to police a public activity which they have no involvement with.

If I created a treasure hunt, to promote a business, and listed places that were neither public nor easily accessible on the map, I would deserve every lawsuit that came my way.

Niantic did not think this through; They needed to do what they are doing with McDonald's in Japan: They needed to have businesses on board with the project, use open public spaces, and have Pokémon stops be ONLY at those locations.
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