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The intriguing legal ramifications of Pokémon Go

brettterpstra.com

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Re: The intriguing legal ramifications of Pokémon Go

#11

The very first point mentioned in the article is that pokemon go requests access to too much data. This was a bug that has been (or is being?) addressed by the developers [0]. I believe this is usually the occasion to cite Hanlons razor[1]. [0] https://support.pokemongo.nianticlabs.com/hc/en-us/articles/... [1] https://en.wikipedia.org/wiki/Hanlon%27s_razor

Draft might've been written before the bugfix.

Re: The intriguing legal ramifications of Pokémon Go

#12
I'm curious why so many of these issues seem to differ so greatly from any other reason people may be doing something in public.

Does it really matter if they are using an app on their phone instead of reading Yelp or listening to a podcast while they crash into someone, act like an idiot, etc? If I put out a podcast that is meant to be listened to as a walking tour of somewhere do I have these same liability concerns since I'm suggesting locations to the user?

How random would an app maker have to make their AR game to make it clear they just want to make a game that people can play by moving around, without being liable for everything stupid people do in public while they happen to be running the app?

Re: The intriguing legal ramifications of Pokémon Go

#13

I think things will get interesting when augmented reality becomes so ingrained in our society that it becomes difficult to separate it from what is real. As virtual entities take over the mindshare of 'real entities' in our lives, we might start integrating the virtual entities more into our thought processes and into our artworks - Which would increase the frequency of copyright infringement. So basically, as the v…

A) we already do, its called a "concept" -- its pretty much the fundamentals of how we see and understand the world around us. Concepts don't need a physical manifestation to have real effects. (e.g. wave patterns)

B) This isn't much different than headphones, just for your eyes. Temper your fears with what being able to take music everywhere did to make a dystopia.

Re: The intriguing legal ramifications of Pokémon Go

#14
From what I've seen, many of these locations can be accessed without ever actually entering the property. The name, description, and photos are user-generated, and no more illegal than what Google Maps provides. Some locations are unique (airports come to mind), but most of the IP risk seems completely frivolous to me.

Re: The intriguing legal ramifications of Pokémon Go

#15

I'm curious why so many of these issues seem to differ so greatly from any other reason people may be doing something in public. Does it really matter if they are using an app on their phone instead of reading Yelp or listening to a podcast while they crash into someone, act like an idiot, etc? If I put out a podcast that is meant to be listened to as a walking tour of somewhere do I have these same liability concern…

A sufficient difference in quantity becomes a difference in quality. Some of these concerns are merely amusing now, but could conceivably become real problems at scale.

I'm hedging, because I think this is likely to be a fluke event and be a non-issue for a long time. Even if AR games become big, this is probably the first and last time we're all playing the exact same one. Plus over time this sort of thin connectivity to the real world may be seen as a fluke; AR may require much stronger computer vision and real-world understanding to take off in a non-fluke way.

Pokemon Go reminds me a lot of the GPS unit my father had 20 years ago, where all it knew about was cities. I'm not even sure why he bought it, the most interesting thing you could do is zoom out in the Chicago area and roughly see Lake Michigan. Prior to GPS units being hooked up to road databases and able to give directions, they were not that useful. Similarly, for all the flash and pizzaz Pokemon Go may superficially seem to have, all it really has is your coordinates.

This doesn't make it "bad" but it's not clear to me this is going to be a new genre. It may just be one cool fad game, with the "real" stuff still to come in what could even be another 10 years.

Re: The intriguing legal ramifications of Pokémon Go

#16
> Let’s take the example of a restaurant that advertises itself as a “Poké Stop” and utilizes a game image in connection with the stylized “Poké Stop” mark in its store window. That is arguably an instance of both copyright and trademark infringement.

It seems crazy to me that a developer can put a pokestop(or w/e) inside of a store with no notification or permission from the property owner, but the property owner can't put up a sign indicating that a pokestop has been created inside of their store without getting a license. If that's really how the law works we've already reached the dystopian future.

Re: The intriguing legal ramifications of Pokémon Go

#17
post #10
post #2

> But now, the XYZ Candy Company building also has become a Pokémon Gym. Players from miles around aggregate to that location because the name and logo are depicted in the app as a Pokémon Gym location. At what point does this mean the app is using the copyrighted design in violation of the copyright registration? All the pictures used are taken from public property iirc. Wouldn't the copyright for the picture taken…

the bigger concern is the possibility of violating a trademark. If a McDonalds is a pokestop and the image is the golden arches logo that is a trademarked logo that you are now associating with your game. The average person can be confused and think there is some association between pokemon and mcdonalds. That mcdonalds is sponsoring pokemon in someway and hurt their brand

There is no way anyone would think that. At least for the case of ingress and pokemon go. You have literally thousands of stops and each one has a photo of the place, so users very quickly understand that the photograph is just to guide them to the place in question rather than any sort of sponsored endorsement. The idea is to photograph and guide people to interesting spots in their city they might otherwise not know about. I personally stumbled upon a plaque detailing the life of a poet who happened to live in a building I was passing. I could see the spot indicator in the app, but I couldn't see the plaque itself from the street. The photo helped me realise that the plaque is obscured from view from the sidewalk by a tree and one has to walk right up to the building to see it. I would have never seen that plaque if it wasn't for the app.

On the other hand, there is a spot right in the middle of an airport close to me. I mean right on the runway. It's been claimed and remained uncontested for a very long time and I suspect the person who claimed it works at the airport. I don't see how it shows me anything novel about the world around me, since I can't really reach it and it's a bit hard to miss an entire airport. If the airport building itself was a spot that might be ok - it is a point of interest and is reachable by public road, but it makes no sense to put the spot in the middle of the runway.

In the end, Niantic needed better moderation of player suggestions for spots. That didn't happen and now we have spots in the middle of the runway and gyms around Area 51. Hopefully they'll open up counter-suggestions for spots to be moved or deleted if they don't make sense.

Re: The intriguing legal ramifications of Pokémon Go

#18
more and more lawyers talking about giving google full access to your account, completely ignoring that GOOGLE MAKES THE GAME. niantic is a spin off of google... the same way google is a spin off of "alphabet"... it's all a structured tax dodge, but it's all the same people in charge. google has access to your data regardless, and can share it with "niantic" or whatever you want to call the new google maps team.

you are all idiots.

Re: The intriguing legal ramifications of Pokémon Go

#19
post #2

> But now, the XYZ Candy Company building also has become a Pokémon Gym. Players from miles around aggregate to that location because the name and logo are depicted in the app as a Pokémon Gym location. At what point does this mean the app is using the copyrighted design in violation of the copyright registration? All the pictures used are taken from public property iirc. Wouldn't the copyright for the picture taken…

i submitted pictures to ingress. i gave up my rights to them so they could be used in ingress. they took those pictures and put them in stupid pokegress. i never authorized them to do that.

Re: The intriguing legal ramifications of Pokémon Go

#20
post #16

> Let’s take the example of a restaurant that advertises itself as a “Poké Stop” and utilizes a game image in connection with the stylized “Poké Stop” mark in its store window. That is arguably an instance of both copyright and trademark infringement. It seems crazy to me that a developer can put a pokestop(or w/e) inside of a store with no notification or permission from the property owner, but the property owner ca…

Using the stylized mark could be trademark infringement. Putting up a sign saying "Poké Stop" or similar, as long as you don't use the trademarked font/color/style choices, can't be; it is https://en.wikipedia.org/wiki/Nominative_use .
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