We posted about a Michigan couple suing Pokemon GO, now their attorney is stating no easy answer is available…
Pokemon Go is driving the world crazy everywhere. Legal problems are starting to erupt all over the US as Pokemon Go fans invade private property while they hunt Pokemon all over the place. Jayme and Scott Dodich who live in St. Clair Shores, Michigan filed a lawsuit against Nintendo and Niantic Inc. They say that Niantic and Nintendo have placed gyms and PokeStops on their property without permission.
Another Michigan couple has also sued them for the same reason, they say that they do not have any privacy and they are not even able to sit on their porch and feel safe. They do not understand how these companies can run over people’s right to their own homes and properties without caring what the consequences for their actions could be.
The lawsuit filed by the first couple says that it is unbelievable how the defendants can sit back and relax making tons of money while their rights are being stepped over by PokemonGo fans and players. They also said that the game is a public nuisance and they should not be allowed to invade private property while following the “Nuisance” Mobile phone game application.
Their attorney, Dean Amburn said that their concern is legitimate and that their homes and private property have been invaded and trampled by people playing the Pokemon Go game so the owners and those getting a benefit from the game should pay for the damages caused to his clients.
Amburn also had to say that there is a case in this matter, and he is ready to go all the way with it. The problem is that he is not sure there is an easy way out of the situation where liabilities, privacy and property issues are the concern. He has taken the time to go over the game and play some with his sons so he can better understand the issues at hand.
He asked his sons to demonstrate how the Pokemon Go game worked at their Commerce Township neighborhood and he was surprised to see a Pokemon sitting right in the middle of his neighbor’s front yard. The simple fact that the Pokemon is sitting in his neighbor’s lawn raises a trespassing issue without there being any people on it because the Pokemon belongs to Niantic Inc. and Nintendo, and it is trespassing in someone else’s property.
In its lawsuit the Dodich family claims that since the game was released after July, there have been many strange people walking around their neighborhood and in front of their homes and this is not right. It is said that Niantic is not removing the Pokestops or gyms from the area, but is instead adding more to those already in place. The lawsuit says that their privacy has been violated by people standing on their yard pointing their cell phones towards their window without even caring if someone is watching or asking for permission.
So the war is on as Niantic and Nintendo have to answer the lawsuits in a couple of weeks and meanwhile the crazed Pokemon hunters continue on their search for while they trample over people’s property and privacy. Who will win the fight in court? Well, I suppose we will soon find out.
Do you believe the property owners should be going after the company, or should they be filing charges on the individuals who disrespect their property?
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