What Kind of Legal Questions Will Pokémon Go Raise?

The most successful augmented reality game yet, Pokémon Go could raise some
interesting legal questions.

Pokémon Go is an augmented reality game for mobile phones that  uses GPS to figure out where you are in the world and then populate the surrounding area with Pokémon, which you can subsequently catch. In the short time it’s been available, it has already been lauded by many people for getting players out into the world, where they’re expected to walk around, visit locations they may not have been before, interact with other Pokémon Go players, and generally get off the couch.

But there are some lawyers who wonder if the game will raise legal questions. Among those questions are what might happen if a player, distracted by the game, harms themselves or another person. The game’s terms of use policy disclaims liability in such cases, including injury, death, property damage, or the violation of any other applicable law. Basically, you can’t sue the games makers if you hurt yourself because you’re playing the game instead of looking where you’re walking. Or driving. 

But that’s nothing new, as the same basic rules apply to any mobile phone app, whether you’re playing Candy Crush, checking Google Maps, or texting someone. Neither the device nor the software are to blame if you cause an accident while not using them responsibly.

Perhaps more interesting are questions of how to handle trespassing and property rights should a player try to capture a Pokémon on private property. Does the person who owns that property have exclusive rights to that Pokémon? There is also the question of competition for space, in which players may crowd into an area to catch rare Pokémon and make that space less accessible for other citizens. There are even fears that such competition could lead to violence.

How any of these questions will be resolved, if they even come into serious discussion, remains to be seen. At this point the game is still very new, but it is already the most successful augmented reality game ever released.