philip lelyveld The world of entertainment technology

Zynga Attorney: Augmented Reality Games Pose Hard Legal Questions

Not long after the July launch of Pokémon Go, players were robbed, there were complaints of trespassing and a couple of gamers walked off a cliff. These incidents underscore that player safety has to be a major concern for companies getting into the augmented reality space, says Davis Han, who will be speaking on Nov. 10 at the IP Trademark, Copyright & Licensing Counsel Forum, hosted by ALM Media in Manhattan. "If you're going to use augmented reality like Pokémon Go does, you're sending users out into the real world," she says. "You have to think about whether you are sending them to places where they could be in danger, or onto private property."

"So the question becomes: Did we do enough to warn them? And, what do we have to do to document that we have informed consent?"

And because you want to balance a sufficient warning with what the user is looking to do, which is to enjoy playing the game, you also have to ask how warnings will be given, Davis Han says.

Another issue that has to be considered is the amount and type of data collected with augmented reality games, Davis Han says.

Companies also have to think about whether they are going to engage in pay-for-play advertising, Davis Han says. It's easy to see how augmented reality games could steer gamers toward brick-and-mortar businesses that are willing to pay for the foot traffic.

See the full story here: http://www.corpcounsel.com/home/id=1202771415223/Zynga-Attorney-Augmented-Reality-Games-Pose-Hard-Legal-Questions?mcode=1202617073467&curindex=0&slreturn=20161003183842