Pokemon Go Sued: Class-action Status Sought by Complainant

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Pokemon Go creator and developer, Niantic Labs, Nintendo and The Pokemon Company are being sued by a New Jersey resident Jeffrey Marder, claiming that the game entices players to trespass by placing Pokestops and gyms on private property without the owner?s permission.

According to Polygon, the suit states that ?at least five individuals knocked on the plaintiff?s door and asked for access to his backyard in order to ?catch? Pokemon that the game had placed in plaintiff?s residence in West Orange, New Jersey?without the plaintiff?s permission.?

The suit is seeking class action status on behalf of all Americans whose properties have been trespassed as a result of the game. The case mentions other similar cases like placement of Pokestops at the United States Holocaust Memorial Museum. The museum is one of the places that has requested that their location be removed from the game.

According to Marder, the Pokemon Go players playing on his property are interfering with his quality of life, and the companies behind the popular game which causes players to trespass on private property are profiting off it.

The lawsuit is seeking compensation and a change in the game?s practices. The Pokemon Company, Niantic Labs and Nintendo have been given 21 days to respond to the suit filed on July 29.

Negligence, Nuisance and Trespassing

Some of the biggest legal concerns that could arise as a result of Pokemon Go are citing negligence, contributory negligence, nuisance, and trespassing. This is according to Josh King, Chief Legal Officer of Avvo Legal Services on an interview with IGN. He doesn?t see the game having a big effect on legislation change, but he says he ?would not be surprised? if someone eventually contested it in court.

So far, there have been no comments from the defendants. According to Ryan Morrison, a lawyer in New York who specialises in legal issues related to video games, there is probably going to be 200 lawsuits and ?if the court comes along and says this kind of suit is OK, what a terrible blow it will be to augmented reality technology.?

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