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| 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.
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