BlueHeisenberg
........Nintendo isn't telling people to go trespass either....

Nintendo can get sued for this. Why do you think a GPS displays a warning before you try and navigate through it? For liability reasons, and so you can't sue them for being stupid while using a GPS and driving at the same time. It will just take one idiot to take Nintendo to court.

stalinx20
Nintendo can get sued for this. so you can't sue them.

Which is it? They can or can't get sued?

Zuhl3156
Sorry to be the one to enlighten you to the fact that this is just the way the world works anymore.

You aren't enlightening me, I know people are lawsuit crazy. Like I said in my previous post, we already have enough frivolous litigation going on as it is. I just wish we had less people like you who wants to sue even if it's their own fault they got hurt.

Fact of the matter is this would be frivolous litigation. Every single person who downloads the app HAS to agree to their terms of use before they can even play the game. And here is the section of the terms of use you should read:
"Safe Play
During game play, please be aware of your surroundings and play safely. You agree that your use of the App and play of the game is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Services. You also agree not to use the App to violate any applicable law, rule, or regulation (including but not limited to the laws of trespass) or the Trainer Guidelines, and you agree not to encourage or enable any other individual to violate any applicable law, rule, or regulation or the Trainer Guidelines. Without limiting the foregoing, you agree that in conjunction with your use of the App you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. To the extent permitted by applicable law, Niantic, The Pokémon Company (“TPC”), and TPCI disclaim all liability related to any property damage, personal injury, or death that may occur during your use of our Services, including any claims based on the violation of any applicable law, rule, or regulation or your alleged negligence or other tort liability. Further, in the event that you have a dispute with one or more other users of the App, you release Niantic, TPC, and TPCI (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes."
https://www.nianticlabs.com/terms/pokemongo/en

Please actually read that.

Zuhl3156
People like me? Sorry to be the one to insult your powers of observation but I don't play the game and I don't believe in frivolous lawsuits by those who have no common sense or self control. It would be a surprising turn of events if Nintendo sued the people getting injured for giving their game a bad reputation. People who want to play this game should be required to take an intelligence test before the purchase is approved.

Yes people like you. Sorry to be the one to insult your powers of observation, but you are on record here saying:

Zuhl3156
Time is coming soon I hope where everyone effected collectively sues the game developer.

You said yourself that you hope everyone sues Nintendo. Or are you just flip flopping on the subject now that you saw the ToS?

stalinx20
You clearly twisted my words around. I said that GPS manufacturers post a warning before you start navigating through the GPS to prevent anyone from sueing them due to stupid people using the GPS while operating a vehicle. This was an example, and a perfect example to be compared to people who use Pokémon Go while operating a vehicle. You just watch. Regardless if you agree or disagree, some idiot will try and sue Nintendo. I'll bet any money right now on it, and you will lose.

I did not twist your words around, I was asking a question because I was confused. I was asking for clarification. I did not understand that you meant an actual GPS stand alone device, I thought you meant the GPS that is enabled in Pokémon Go. Now I know what you meant.

So do you still think that people have the right and will win if they sue Nintendo? Because your example would also apply to Pokémon Go. Every single person that downloads that app HAS to hit agree to the Terms of Service that I posted two posts ago. Just try and use the game/app without agreeing to the ToS. I'll bet any money right now on it that you can't, and you will lose.

BlueHeisenberg

stalinx20
You clearly twisted my words around. I said that GPS manufacturers post a warning before you start navigating through the GPS to prevent anyone from sueing them due to stupid people using the GPS while operating a vehicle. This was an example, and a perfect example to be compared to people who use Pokémon Go while operating a vehicle. You just watch. Regardless if you agree or disagree, some idiot will try and sue Nintendo. I'll bet any money right now on it, and you will lose.

I did not twist your words around, I was asking a question because I was confused. I was asking for clarification. I did not understand that you meant an actual GPS stand alone device, I thought you meant the GPS that is enabled in Pokémon Go. Now I know what you meant.

So do you still think that people have the right and will win if they sue Nintendo? Because your example would also apply to Pokémon Go. Every single person that downloads that app HAS to hit agree to the Terms of Service that I posted two posts ago. Just try and use the game/app without agreeing to the ToS. I'll bet any money right now on it that you can't, and you will lose.

Ok my bad, sorry. Personally, no, I do not think they have the right to sue Nintendo, because it's in the hands of the user, and you're not supposed to use any device while driving. All drivers are to have full vision and eyes focused on the road, not their cellphone. And sorry again, I didn't see your comment where you posted that the users have to accept terms of service.
 
I'm not a lawyer, but I do agree that nobody has any chance of winning if they try and sue Nintendo, but I will bet at one point someone will try and sue them; lawsuits happen all the time.

BlueHeisenberg
Ok so we are actually agreeing.  You just thought that I meant no one will sue them.  LOL I know people will, I'm just saying that they will never win in court.  I do wish that they would stop with lawsuits like this since it does no one except the lawyers any good.

How do you think the judges feel?

Brad_Hawthorne
I can only imagine when real augmented reality goes mainstream. It'll be this 10x. Not saying I don't want AR headset or glasses, but you can't combat stupid. You need to let natural selection work it's way with people.

Now that is a very scary though Brad. And unfortunately I think your right. Many people don't use common sense anymore.  LOL 

notfordman

Brad_Hawthorne
I can only imagine when real augmented reality goes mainstream. It'll be this 10x. Not saying I don't want AR headset or glasses, but you can't combat stupid. You need to let natural selection work it's way with people.

Now that is a very scary though Brad. And unfortunately I think your right. Many people don't use common sense anymore.  LOL 

+1. Stupid peeps only learn the hard way.

fearpoint
In the future we were supposed to be living on the Moon with jetpacks, not walking around in circles outside trying to capture imaginary pets.
 

Blame the internet. Why go anywhere when you can just Google it?

Zuhl3156
Bad news for Pokemon Go players...

Why is it bad news? People played before they started cheating. The only good way to get rares is to hatch them not run around randomly. Those stupid API maps only show you were a ton of commons are. Besides, the guy is a whiney ginger, therefore his argument is automatically invalid. 

The minute someone comes to my door and "DEMANDS" entry? yeah, that's over the top. Get off my property and stay off..
 
 

Just comes to show you how much more stupid'er Americans have gotten!!!!!!
 
"Cant fix Stupid!"

An update to this:

When Pokémon Go launched, it exploded into a worldwide phenomenon in short order. Massive downloads, huge amounts of user engagement, parties — for a brief period of time, it looked as if the new game might single-handedly revolutionize mobile gaming. The bloom, however, seems to fading off this particular rose in short order.
A new report from Bloomberg highlights the steep decline in Pokémon Go’s daily users and overall user engagement. While the app peaked at 45 million daily users, it’s since declined to just 35 million — and while that still qualifies it as a smash hit, it’s a worrisome drop for a game to shed 22% of its user base in just one month.

http://www.extremetech.com/gaming/234298-pokemon-go-shed-10-million-users-in-the-past-month-is-the-game-a-short-lived-fad