Pokémon Go and the Law: Privacy, Intellectual Property, and Other Legal Concerns

Abstract

So far, no one has sued Niantic or The Pokémon Company for injuries suffered while playing Pokémon Go. But it’s only a matter of time before the first big Pokémon Go related injury, whether that comes in the form of a pedestrian drowning while catching a Magikarp (the most embarrassing possible injury) or a car accident caused by a distracted driver playing the game.

Before the first lawsuits arrive, this article provides a brief analysis of some of the legal issues involved with the new hit mobile game, including: personal injury liability; privacy; intellectual property; trespass; augmented reality; and virtual currency.

This is not an exhaustive list of every legal possibility inherent in the Pokémon Go world. These are just some of the legal issues at play when users, well, play. While this may seem like a long list of potential legal problems, the reality is that any mobile game will have a host of legal issues involved. The issues here can also be applied to video games and augmented reality in general.

Keywords: law, personal injury law, liability, privacy, intellectual property, trespass, augmented reality, virtual currency, pokemon, pokemon go, video games, video game law, gaming law, privacy law, technology, technology law, tech law, privacy law, intellectual property law, copyright, trademark