Perhaps on your most recent visit to a Philadelphia area museum you have noticed other visitors with their phones in front of them, walking slowly, or congregating in small groups while focused on their cellphone screens. These visitors were likely using their phones to play a new viral cellphone game, Pokémon Go. Players of the game are everywhere. You have probably seen them not just in your favorite museums, but in parks and on the street. Players of the game are multi-generational and include fans of the original game series, as well as those who have just been introduced and take to heart the game’s catchphrase, “gotta catch ‘em all!”
The viral popularity of the game has also left many organizations enthusiastic. Users are flocking to local businesses, monuments, and public interest sites, and are exploring their cities in new ways while playing the game. However, the game’s quick rise in popularity has left many in-house counsel unsure of the consequences of inviting players in, or requesting that players stay out. Attorneys who represent organizations that are open or accessible to the public need to either advise the organization to think of a clever way to embrace the app, or attempt to curtail its use in the spaces the organization controls. This article will explain how the app and some of its features work, the unexpected impact and repercussions of the game, and conclude with a discussion of some legal issues for counsel to evaluate before advising their clients on inviting players onto its premises to catch Pokémon.
