Fla. Judge Boots Pokemon Go Case on Standing
The decision from Palm Beach Circuit Judge Meenu Sasser appears to be the first ruling in any case involving the smartphone game. Plaintiff David Beckman, who took issue with the game's terms and conditions, was given 10 days to amend his suit.
May 02, 2017 at 06:48 PM
5 minute read
A Florida judge tossed a lawsuit against the maker of Pokémon Go in what appears to be the first ruling in any case involving the smartphone “augmented reality” game.
Palm Beach Circuit Judge Meenu Sasser on Monday dismissed the case filed by Pokémon Go user David Beckman but gave him 10 days to amend his complaint. Beckman had claimed the game's terms and conditions were an illusory contract that allowed game creator Niantic Inc. to collect “private, personal” information. He alleged Niantic could change the terms retroactively, meaning it could take players' virtual items without compensation or unilaterally kick them out of the game.
Beckman “conceded he has suffered no actual injury,” Sasser wrote, dismissing the case for lack of standing. “Instead, the basis of [Beckman]'s complaint is speculation about whether he will suffer an injury—if ever—at some point in the future.”
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