Not only is the tort of trespass being caused because of the same but privacy of third parties is also getting affected, raising severe defence and other security concerns in many countries. Privacy concerns have also been raised by Users who have claimed that the App requires access to a lot of information which is personally identifiable and sensitive information. Further the App continuously tracks the location of the User for the purposes of the game. Though an appropriate privacy policy has been put into place by Niantic, whether all this information is actually required for engagement of a User in the game is a contention that has been raised by many.
In India, several other issues also arose in this regard that resulted in the filing of a PIL in the Gujarat High Court. The Court here issued notices to state and central governments and also to Niantic in a Public Interest Litigation alleging that the game hurts religious sentiments of certain communities by showing eggs in places of worship and asked for a complete ban on the game in the country.
...such restrictions imposed on intellectual property innovation has given rise to the ongoing debate on the development and future of AR in India and globally.
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