The popularity ofPokemon GOhas been unbridled for some time but so has a myriad of issues arising as a result of the mobile nature of this ARG. This has led to people getting hurt, wrecking vehicles, and trespassing on property, with the latter quickly becoming aclass action lawsuitfollowing the consolidation of a number of nuisance lawsuits. Now, developer Niantic has agreed to settle, with the company having to conform to a number of new mandates.
At the core of this lawsuit isthe definition of trespassing in the digital age, with this settlement making Niantic much more responsible for the virtual creatures and where they appear in the real world. It arose because of a number of homeowners finding players on their property, residents of a condo finding players scattered across the beach, and many other relatedPokemon GOstories.
This forced the question as to whether or not thePokemon GOdeveloper was responsible for players' trespassing because Pokemon were appearing on private property without consent. There is also the question of whether or not the mobile device owners were solely responsible, given that these players made the choice to trespass in pursuit of the digital Pokemon, or if Niantic was doing all it could as far as preventive measures were involved.
The terms of the settlement require Niantic to conform to all of the following:
Lastly, it also seems that the named plaintiffs will be asking for $1,000 service awards apiece, with everyone else getting the requested mitigation measures. Pomerantz, the law firm that has worked on this case for the past three years, will also be seeking $8 million in fees and $130,000 in expenses, as the law firm has spent in excess of 2,500 hours on this particularPokemon GOcase. These terms are currently awaiting review by a federal judge but are generally expected to be approved.
Pokemon GOis available now in select regions for Android and iOS devices.
