Several readers will have no idea what “Pokemon Go” is and why it has any importance in our everyday lives or why it seems to be popping up in your newspaper, newsfeed, your kid’s phones and even in Durango’s T-shirt shops.
It may not seem like it, but this downloadable game has interesting and lasting implications in the way kids, teenagers and adults alike interact with one another in the real world.
“Pokemon Go” is a wildly popular augmented-reality game that is played on a mobile device. You may be asking yourself, why is this game different than any other game? The answer lies in the way this game interacts with its environment. The game uses a live direct or indirect view of real-world environments, and augments those settings with game features. Imagine looking at your street and seeing your parked car at the curb. Now imagine raising your phone in front of you, and, through the use of your phone’s camera, you see not only your car parked at the curb but a cartoon creature dancing in front of it. “Pokemon Go” uses a mobile device’s GPS and camera and directs its users around real-world settings to collect and “catch” objects and creatures.
Augmented reality has been around for a while now, but “Pokemon Go” is the first major breakthrough of this technology into the mainstream. It is the biggest U.S. mobile game of all time. Within three days of its release, “Pokemon Go” drew more users than Twitter. Its success added more than $7.5 billion to Nintendo’s market value. It has also created issues between neighbors, played its part in various automobile and pedestrian accidents, turned people into criminal offenders, led to a college baseball player being shot and killed in San Francisco, and caused two players in California to fall off a cliff.
Because the game is based in the real world, it uniquely positions its users to implicate, break or otherwise interfere with the laws of the real world. Despite the numerous and bold warnings displayed on the game’s loading screen about being attentive of your environment, it is foreseeable that players may walk into traffic without realizing it, or track over private property to reach a Pokestop. In a civil context, fault in Colorado will still examine an individual’s comparative negligence when determining an award of damages. If you are looking at your phone while walking into traffic, or playing the game while driving, you may be setting yourself up for disaster – not to mention a potential court case where your inattentiveness will more than likely result in a monetary judgment against you. It is still each and every player’s responsibility to ensure his or her actions do not hurt those people around them, damage property or create dangerous situations.
In addition to certain civil matters that may arise, criminal violations are conceivable. Trespass is an obvious concern in a game that requires its players to meander around town. While most of the game’s quests take place in public spaces, it is important to recognize that intentionally entering or remaining on another person’s property or public property that has been closed can lead to an arrest and charges brought against you. Any rehabilitation or replacement of property damaged in the pursuit of Pokemon located in either private or closed public property would be the responsibility of the offending party.
Some stores and restaurants have experienced a recent boon in foot traffic this summer as a result of the game. However, these businesses have every right to limit access to their store to paying customers or to set an outright ban on the playing of the game within their business area. Colorado businesses, institutions or individuals that encourage or invite the game to be played on their premises should be aware that an injury or damage caused to a player may be recovered against the landowner if the damage was the result of the landowner’s unreasonable failure to exercise reasonable care with respect to the dangers created by the landowner or which the landowner actually knew of, or to warn of dangers ordinarily present on property.
Most of the legal issues created by the popularity of this game are nothing new, but opportunities abound for specific legal consequences stemming from the actions of its players and those people interacting with the players. Augmented reality is, at this point, in its infancy stage, but that may change with the help of games like “Pokemon Go.” We may see the Legislature moving in a direction to regulate similar games in the near future.
Disclaimer: This article glosses over broad topics and areas of laws for the purpose of creating awareness and caution in response to new technology. In no way does this article act as a substitute for thorough legal advisement or claim to address each and every concern related to the playing of this game.
Anthony Savastano is the current president of the Southwest Colorado Bar Association and a partner at Duthie Savastano Brungard, Pllc., in Durango. Reach him at asavastano@trialdurango.com.
