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Is PokemonGo Illegal?

Posted on 7/12/16 at 8:02 pm
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 7/12/16 at 8:02 pm
This has caused quite the dust up in the legal/tech industries I follow on Twitter.

Associate's Mind

Not to mention some legitimate criminals capitalizing on the game's popularity.

Robbery motive for playing PokemonGo
Posted by jefforize
Member since Feb 2008
44077 posts
Posted on 7/12/16 at 8:16 pm to
It's just software

All laws to private property still apply.

People setting lures to rob people would rob people no matter what. They probably use guns and cars too. Are those illegal?

I'm most worried about Idiots playing this shite while driving.

This post was edited on 7/12/16 at 8:17 pm
Posted by KingwoodLsuFan
Member since Aug 2008
11447 posts
Posted on 7/12/16 at 8:16 pm to
I'm tired of this fear mongering bs. Yes there are going to be a few cases where bad things will happen, but pokemon go is doing a lot of positive things as well. It's helping people get out of the house and associate with other people in a positive manner. As long as people use an ounce of common sense they'll be fine.
Posted by The Boat
Member since Oct 2008
164014 posts
Posted on 7/12/16 at 8:18 pm to
I can definitely seeing someone setting a lure to actually IRL lure people there to rob them.

Someone set a lure on campus and tons of people showed up.
Posted by hawgfaninc
https://youtu.be/torc9P4-k5A
Member since Nov 2011
46322 posts
Posted on 7/12/16 at 8:18 pm to
positives outweigh the negatives
Posted by Drewbie
tFlagship
Member since Jun 2012
57691 posts
Posted on 7/12/16 at 8:19 pm to
That plane crashed that one time and killed people. We should make planes illegal.
Posted by CBandits82
Lurker since May 2008
Member since May 2012
54024 posts
Posted on 7/12/16 at 8:26 pm to
People harping on the robbery is idiotic.

Mine as well get rid of banks, they can be robbed.

Time to get rid of cars, too dangerous.
Posted by Drewbie
tFlagship
Member since Jun 2012
57691 posts
Posted on 7/12/16 at 8:28 pm to
Such a great thing for the health of millions of people and some people STILL find something to bitch about. I hate the human race.
Posted by jefforize
Member since Feb 2008
44077 posts
Posted on 7/12/16 at 8:29 pm to
I've seen stories on reddit of retarded kids going to parks late at night because of lures and getting chased or being suspicious of some creeper.

Also fights breaking over gyms bring taken

Sad reality we live in. They may think they are going to make a friend....

Teaches lessons for the real world at least.
This post was edited on 7/12/16 at 8:31 pm
Posted by Drewbie
tFlagship
Member since Jun 2012
57691 posts
Posted on 7/12/16 at 8:33 pm to
Yeah, just because you're playing a game doesn't change the rules for being out late. Go with a group, stay together, no dark alleys. It's not rocket science.
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 7/12/16 at 9:02 pm to
quote:

Yeah, just because you're playing a game doesn't change the rules for being out late. Go with a group, stay together, no dark alleys. It's not rocket science.


Agree with this.
Posted by Jon Ham
Member since Jun 2011
28525 posts
Posted on 7/12/16 at 9:19 pm to
quote:

Is PokemonGo Illegal?


I've been reading Tigerdroppings for over 6 years and this is one of the dumbest questions I've ever seen on here. Congratulations.
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 7/12/16 at 9:27 pm to
You bet. There is world outside of TD. I brought another discussion in regarding a popular topic here. There is a very easy way to avoid conversations you are not fond of on a message board.
Posted by Drewbie
tFlagship
Member since Jun 2012
57691 posts
Posted on 7/12/16 at 9:43 pm to
quote:

There is a very easy way to avoid conversations you are not fond of on a message board.
It's not a conversation. It's a stupid question that deserves nothing but dumbass remarks.
Posted by Jon Ham
Member since Jun 2011
28525 posts
Posted on 7/12/16 at 10:03 pm to
Sorry, I didn't click the first link. I thought you were asking this question yourself. Allow me to respond to the article...


quote:

Does placing an AR object on a person’s property, without their permission, affect their interest in exclusive possession of property?


What a dumb fricking question. I could place 100 pokestops on your house and it would have no effect on your right to exclude others from physically entering your property. You can put a fence up, sell it, guard it, it's yours. That's like saying "is jacking off a sexual assault on a pornstar?"


quote:

Does owning property in “the real world” extend property rights to any geo-locative, intellectual property elements that may be placed on it?


Terribly worded question. Are they asking if owning property means you have discretion over whether someone may use it to create a reference point on a map or GPS type device? If that is the question and the answer is "yes," then every property owner should get a royalty from every map maker that uses their location, including Google. The answer is obviously "no." The world needs maps and that need far outweighs property owners' interest in profiting off any and all potential uses of their property's location and physical appearance.


quote:

Is placing an AR object on a person’s private property, without their permission, a creation of an attractive nuisance?


"The attractive nuisance doctrine...states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children." ( LINK).

So the "object on the land" would be the Pokestop, for example. A Pokestop does not cause injury and it is not foreseeable that a pokestop would cause an injury. The attractive nuissance doctrine does not mean "If there's an unnatural object on your land that attracts children and they are injured in any way while visiting your property then you're liable." The injury would have to be foreseeable and the landowner would have had to fail to take reasonable preventative measures in order for the landowner to be liable. It's not even close.
This post was edited on 7/13/16 at 9:25 am
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 7/13/16 at 2:32 am to
quote:

"The attractive nuisance doctrine...states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children." ( LINK).

So the "object on the land" would be the Pokestop, for example. A Pokestop does not cause injury and it is not foreseeable that a pokestop would cause an injury. The attractive nuissance doctrine does not mean "If there's an unnatural object on your land that attracts children and they are injured in an way while visiting your property then you're liable." The injury would have to be foreseeable and the landowner would have had to fail to take reasonable preventative measures in order for the landowner to be liable. It's not even close.



Now we are conversing. I do not think the author of the piece is calling the pokestop the cause or any injury. If I understood him correctly, he is saying if someone gets injured on private property because they were enticed to collect a pokestop could their be possible liability. What about pokestops on public memorial grounds that is also stirring controversy. LINK

Now, do I wish there was a simple straight forward answer? Yes. Do I think their will be a simple straight forward answer? Depends on arguments presented by creative plaintiff's attorneys. The author is exactly right on one aspect. The flesh eating plaintiff's attorneys see one thing right now and that is deep pockets. Some states will be more attractive to plaintiffs over other due to their existing tort and property law. At the very least we can agree that the advancement of technology in general (and now gaming) is affecting change in the legal arenas. As we as a society use technology for more and more things, this is a welcome revelation. Just see the issues of searching electronic devices by state agents in recent cases.
Posted by SmoothOperator96
TD Premium Member
Member since Jan 2016
4040 posts
Posted on 7/13/16 at 8:18 am to
Usually if you're going too fast, the game will register that and not spawn anything. So you don't have to worry about that too much on the highway. Now in residential areas, I've seen it a good bit.
Not sure if they were playing Pokemon or not, but some dumbass was going 15-20 mph over the speed limit and were on their phone. Well they were driving and hit my driveway before they realized they were drifting over while not paying attention.

One day they're gonna hit my dog and I'll gladly go to prison for killing them.
This post was edited on 7/13/16 at 8:20 am
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 7/13/16 at 4:17 pm to
There is already someone for you to call: LINK



Posted by jefforize
Member since Feb 2008
44077 posts
Posted on 7/13/16 at 4:45 pm to
good.
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