Pokemon Go players: you have 30 days from signup to opt out of binding arbitration


#1

Originally published at: http://boingboing.net/2016/07/16/pokemon-go-players-you-have-3.html


#2


#3

I am trying to think of a case of why I would ever sue a free to play game… Maybe I am not imaginative enough.

Doctors I could see, for malpractice.


#4

At least it forces you to update your Google access when they updated the game.


#5

I guess it is to cover them against, “… and that’s why I walked in to the middle of a busy highway chasing a virtual monster” sort of suits. That and, “… because they are Corporations and they can.”


#6

I can’t imagine it either, but I’m opting out on principle.


#7

Trilogy of Terror!


#8

Which jurisdictions does this apply to? NIether TTP or TTIP are signed yet, so I suspect this has no power in the UK anyway?


#9

I am 100% sure someone will eventually die playing the game. Because outside is dangerous, especially if you aren’t paying attention. I suspect we should make some bumpers stickers and yard signs like these, only with “Pokemon Go Players are Everywhere”.

I am actually really happy that this game is prompting people to “go out”. I mean, I am an indoors guy now, but as a kid we were out all the time exploring. It really kinda bugs me todays kids lack the freedom to go out and find things.

“Pokemon” was available IRL all the time. Go out side and document what creatures you see. Not sure what is, take a pic and then go home and look it up. My dad had field guides for Northern American Birds, Mammals, Insects, and Reptiles, so we could figure out just about what ever we saw, though he usually know what it was.


#10

It’s exceed what, 7.5-10M dloads? It’s just a waiting game at this point, eventually statistics* will take over. This is already true for M$ Excel…

*hopefully with the help of Darwin so we can laugh at the dead.


#11

My friend, when complaining about the game yesterday, said a dude walked off a cliff and fell 90 feet, that might be a death.


#12

Really? Or is this the quickest urban legend ever?


#13

i’m tempted to find every spam list I can get my hands on, and spoof opt-out notices.


#14

I don’t think it’s about personal injury, per se. Niantic released the game in a state where it had full access to some iOS users’ Google accounts. IMO this is more than enough justification for wanting to retain one’s right to a lawsuit in the event that Niantic fails to properly secure their software and/or user data.

These clauses are anti-consumer, without a doubt. Wealthy corporations like Valve don’t put them in their terms of service because they think it’s going to end up costing them more money. The threat of a class action is a powerful incentive for companies to take this stuff seriously, even if the resulting payout is trivial to any single member of the class.


#15

Apparently not, only injuries though.


#16

Wow. I like how they ignored signs and climbed over the fence! That would make it difficult to find for those plaintiffs and against the company (if they opted out of binding arbitration).

:thinking: Although to change the location of the Pokemon might be all a plaintiff’s attorney would need to show that the location was potentially unsafe to begin with. But then to not change it would show a reckless disregard of their customers’ well-being if other players do the same thing.

Oh, man! That would be a civil court case that I’d love to watch.

Thanks for the link!

Here’s two :blue_heart: :blue_heart: for you because I have none to give right now. (I’ll be back to make things right.)


#17

I believe they may have a system in place for that already. I know that you’re allowed to report a pokéstop for being in a dangerous location, so no stops in the middle of a highway or whatever, if one slips through, so it wouldn’t surprise me if they didn’t have a way of tagging places as no spawn zones if they’re reported as dangerous.


#18

How the hell is this a legal clause for ToS? What’s next, legal clauses where you sign away body parts? Or sign away free speech? Wait, that last one has been tried already, hasn’t it…


#19

What are some of my favorite things?


#20

Australian Consumer Law always overrides idiotic clauses like this.