Electronic Trespass

Posted By Cliff Tuttle | July 17, 2016

No. 1,270

Image: Forbes

If you would like to read a legal analysis concerning whether the producers of Pokemon Go are guilty of trespass to land or perhaps creating an attractive nuisance, click on this link to a blog called Associate’s Mind.

It sounds preposterous, the idea that imaginary Pokemon animals are trespassing on land.  After all, they are not really there, they live in a virtual reality world that only appears on your cell phone when you run the app.  And who would care if a snarlax  (or whatever it is called) wanders onto private property?

Well, consider this.  The Washington Post reports that the National Holocaust Museum is requesting that Pokemon Go players respect the solemnity of this national monument by refraining from hunting Pokemon animals in the Museum. It is also requesting that the PokeStop situate on its grounds be removed.

Thats a reasonable request.  And its not too hard to think of other places where the owners would have a legitimate beef. But the Holocaust Museum, like any similar institution, has the right to establish reasonable rules of conduct while on their premises.  The simple solution is to prohibit electronic devices from being used in certain areas — as the Allegheny County Court House has done, albeit with less than total effect.

CLT

Welcome

CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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