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Catching all the legal issues with Pokémon GO

Catching all the legal issues with Pokémon GO
Published on: 25 July 2016
Published by: LexisPSL
  • Catching all the legal issues with Pokémon GO
  • What is Pokémon GO and what has been behind the games popularity?
  • What are the inherent risks involved with playing the game, ie, risk of personal injury, tort liability and who is legally responsible for the safety of players and property while playing?
  • The app permissions required to ‘roam neighbourhoods’ and ‘catch Pokémon’ are said to be fairly extensive, are there any data privacy issues at stake which users should be aware of, such as being tracked, granting access to third–parties, etc?
  • With the game requiring users to visit set locations and markers are there any issues around trespassing and who has the right to the augmented property (in the form of Pokémon, game items, etc) that appear on the land?
  • Are there any arbitration clauses contained in the terms of service which users should be aware of, and how, if at all, can a claim for breach of copyright/IP rights be brought against the company?
  • Are there any other issues which might need to be addressed, for instance, people hacking servers and leading young people/children into vulnerable situations?

Article summary

Commercial analysis: With Nintendo’s share price rising significantly following the release of the free-to-play augmented reality game, Pokémon Go, what has been behind the surge of popularity and why has it proven controversial? Andrew Bravin, solicitor in the interactive team at Sheridans, examines some of the major legal issues arising from the game. or take a trial to read the full analysis.

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