This lawsuit against Pokémon Go isn't as crazy as it might sound


Scott Dodich and Jayme Gotts-Dodich have a clear message for the Pokémon Go players who have invaded their local park and private cul-de-sac in St. Clair Shores, Michigan: Get off of their lawn! Also, don't park in front of their driveway and those of their neighbors, and don't trample their landscaping and look in their windows — and, when they ask you to leave their property, don't yell, "Shut up b****, or else," as one Pokémon Go fan did, according to a federal class action lawsuit the Dodiches filed against three companies that make, sell, or own Pokémon Go: Niantic, Nintendo, and Pokemon Co.
"Nobody gets sleep anymore," says the lawsuit, filed Aug. 10 in U.S. District Court in San Francisco. Pokémon players "hang out on our lawns, trample landscaping, look in vehicles... We don't feel safe... I don't feel safe sitting on our porch." This is Niantic's fault, the Dodich suit claims, because the company places Pokéstops and Pokémon gyms (GPS coordinates where the virtual creatures appear) on or near private property with "a flagrant disregard for the foreseeable consequences of populating the real world with virtual Pokémon without seeking the permission of property owners."
And Niantic knows this, the Dodiches say, pointing to a warning on the company website: "If you can't get to the Pokéstop because it's on private property, there will be more just around the corner, so don't worry!" The couple says they contacted the company and its CEO several times before the lawsuit, receiving only form letters promising some response that, as of the lawsuit's filing, hadn't materialized. Niantic, Nintendo, and Pokémon did not respond when the Detroit Free Press reached out for comment on Monday.
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The Dodiches asked for a jury trial, according to the lawsuit, which you can read at Detroit's WDIV. That's risky, given how many people love the virtual creature hunt. But if they get a jury of people who agree that it's not okay for random people to trample through your private land, Niantic and its codefendants might be out some serious cash. The Dodich suit already pointed to some public cases of Pokéstops programmed in inappropriate or private locales, so the class might be large.
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Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
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