Apr 05, 2017 11:44 AM EDT
In what could be the case of the century, a US federal judge is set to decide whether the lawsuit claiming that Niantic Labs, developer of "Pokemon GO," is guilty of negligence and virtual trespassing can move forward. Kidding aside, the decision could become a precedent for future cases like these.
The decision would be an important one way or another. According to Variety, the lawsuit against Nintendo, the Pokemon Company, and Niantic Labs was filed on behalf of a New Jersey resident Jeffrey Marder. The lawsuit claims that the game launched by the troika, "Pokemon GO," encourages players to trespass on private properties in order to catch Pokemon.
In response, Niantic Labs promptly issued a warning to its players to obey the law while playing the game. According to the lawsuit, Jeffrey Marder had a number of unwelcome encounters with "Pokemon GO" trainers just days after its launch. The lawsuit also claims that Niantic Labs is guilty of negligence with regards to placing Pokemon and Pokestops on private grounds, which in turn, can be construed as a form of trespassing.
By legal definition, trespassing is "unlawful intrusion that interferes with one's person or property." However, according to Android Authority, Niantic Labs argues that the virtual objects located on a private property should not be considered trespassing as they are not there physically, only virtually.
That said, the federal judge must tread carefully and consider all the implications these negligence and trespassing cases against Niantic Labs could mean as there are a number of augmented-reality games already in existence. And given the success of "Pokemon GO," it is almost a certainty that games and apps like this will only continue to propagate. If the lawsuit pushes through, it could serve as a precedent that deters the development of other important apps.
Niantic Labs further argue that if the negligence and trespassing cases push through, it could have other implications for online services such as individual entertainment and academic applications. Whether the US federal judge allows the lawsuit against Nintendo, the Pokemon Company, and Niantic Labs to move forward or not, this case is worth following since it tackles new circumstances born out of new technology. Meanwhile, until the case is settled, "Pokemon GO" players should be careful of not trespassing private grounds.