Could Pokemon Go Cause You to Break the Law?

Posted on Jul 26, 2016 in Blog Entry: Spinning the Law

Pokemon Go is one of the first augmented reality games to gain national notoriety and be played avidly by the general public. Pokemon Go lays down its own content over a Google Maps program. This allows the players to walk around through the Pokemon Go map on their phone while walking around in the real world. In the Pokemon world, Pokemon wander around, and players need to find and capture them. There are also hotspots where players can acquire items or where Pokemon are more likely to be found. There are also gyms where players can take their Pokemon to fight. All of these reflect locations in the physical world from bus stops to coffee shops to churches.

While the game has gotten lots of players out of the house and walking around their neighborhoods, the popularity of an augmented reality game like Pokemon Go raises both safety and legal issues. Police officers across the country have been issuing statements reminding people to exercise their common sense while playing the game. Don’t run into people on the sidewalk. Remember that traffic exists in the real world. Do not operate any kind of vehicle or bicycle while using the app.

It’s also important to note that the game does not discriminate between public and private property when it places Pokemon and other game objects. It is important that the users and parents of young users are aware that this boundary very much exists in the real and legal world. Pokemon have been placed in businesses, churches, and private residences. “Catching Pokemon” is not a reason to enter into private spaces without permission. It is especially important to make sure children understand this boundary. Police are concerned about potential conflict or injuries from being mistaken for an intruder, as well as the repeated trespassing reports.

It is also important to note that the user “assumes liability related to any property damage, personal injury or death,” including violations of laws while playing the game. This is included in the agreement users sign to begin playing the game. Nintendo, etc. are not liable for actions users take during the game.

Another important reason to be aware during the game is that users can add lures to the game. Users have been known to set a lure, attract other users, and then rob them.