The Pokemon will be everywhere, but not in court. Not because Rattata and companions take away from courthouses. But why Niantic, the company that developed the app, it is armored against lawsuits. And he did so with the consent of users.
Question asked to those who have already downloaded Pokemon Go: you read the terms of use? It would be advisable to do so before you go hunting. Because in this document of more than 47,000 lines, they discover details not negligible. In capital letters and prominently, in a section that does not look though almost no one reads: “You agree that disputes to which it belongs with the Niantic shall be settled by arbitration and that an individual waives his right to trial by jury or to participate as a principal actor or class member in any alleged representative proceedings or collective action. ” If it was not quite clear, it means that you agree not to bring to court the Niantic, both as an individual and within a class action. And they do it by accepting the terms of use, that is, by downloading the app.
Making cause is never desirable eventuality, because presupposes unpleasant episodes. And it is least likely to end up in court for a video game. Unlikely but not impossible, above all for augmented reality app like Pokemon Go. In Italy it arrived a few days, but in the US is already happening what The Los Angeles Times called it “a plethora of incidents related to the application “. Some went to slam the car into a tree, who was attacked for having followed the chase in little safe places. It is not all the fault of Pokemon Go. But if in doubt, Niantic gets protected from possible disputes.
The series is less bizarre than it sounds. Because it also involves the processing of data. Nothing court, for example, in case of invasion of privacy, or dissemination of information regarding users. From this point of view, there is a flaw already: Pokemon Go accessed to all of the Google user data. An excess which Niantic has remedied after the first reports. The information provided to the company are still many: access to camera, contacts and location, IP address, browser type, operating system, web page that a user was visiting before entering Pokemon Go, conversations with other users. Data – it reads in our Privacy Policy – will be retained even after uninstalling the app for. “A commercially reasonable time”
Only in two cases you can avoid arbitration. First, you can turn to a justice of the peace. Second, you can claim compensation in a court against “embezzlement or violation of copyrights, trademarks, trade secrets, patents or other intellectual property rights of a party”. Niantic is held away from the courts, but it opens the door to the causes that infringes copyrights. It causes for which, in all probability, would be prejudiced party: it is difficult to think that sbuchi from nothing a user to claim to be the creator of Pokemon Go. More likely that someone will try to exploit the mark for which Niantic is the owner.
If your app is already downloaded all is lost? No. The company leaves an opening. But it requires attention (the notice is placed in the terms of use after the beauty of 5540 words) and an active role player. “The user will have the right to resort to any dispute” if write it explicitly in a mail addressed to termsofservice@nianticlabs.com and sent within 30 days of the app download. If there is no mail, Niantic considers that the user has “knowingly and intentionally waived its right to resort to a dispute”. Knowingly and intentionally.
No comments:
Post a Comment