Legal Disclaimers and Pokémon GO, Part 1
Jul. 12th, 2016 12:48 pmSo I just read an article from #MetroNewsCanada. Here's a quote:
I get that they might not want to publish a technical how-to for assorted reasons (it's likely long, dry, and not pertinent to most of their readers), but why are they blaming the legal system?
IANAL, but I'm pretty sure I can describe illegal things in public. That includes such facts as "breaking someone's windshield with a sledgehammer is vandalism", without people misinterpreting my level of detail as instructions. There might be a few exceptions - court-ordered publication bans for example, but I'm pretty sure Nintendo's terms of service don't qualify.
Maybe - maybe - you could argue that Metro News was under some kind of contract not to release the information (in which case, they need better lawyers), but then they say this in the last paragraph:
Murder is illegal. Somebody violating the terms of service of a video game by using a proxy server to download it (I imagine - haven't checked) is also illegal, technically. I wish we had a term to differentiate between those extremes. I guess we have summary conviction offenses (roughly what an American would call a misdemeanor) here, but even that seems harsh compared to this level of "crime". Is there a term even more damp and milquetoast? Maybe the Latin phrase for "you've got to be kidding me".
I'm really curious what prompted them to write that disclaimer.
As to Pokémon GO, not me thing. But hey, if it sounds like fun, have at 'er. Just watch you don't get hit by a car, and be mindful that there are people around you not playing the game.
Since it’s release in the U.S. and Australia last week, hundreds of Calgarians have found a work-around (that we can’t legally explain here) to download the mobile app and begin hunting in popular areas like Kensington or the Bow River.Wait... what? They can't legally explain it? What exactly is the relevant law here? Was it the Nintendo Media Non-Disclosure Act of 2015 (aka the Gotta-hide-'em-all act)?
I get that they might not want to publish a technical how-to for assorted reasons (it's likely long, dry, and not pertinent to most of their readers), but why are they blaming the legal system?
IANAL, but I'm pretty sure I can describe illegal things in public. That includes such facts as "breaking someone's windshield with a sledgehammer is vandalism", without people misinterpreting my level of detail as instructions. There might be a few exceptions - court-ordered publication bans for example, but I'm pretty sure Nintendo's terms of service don't qualify.
Maybe - maybe - you could argue that Metro News was under some kind of contract not to release the information (in which case, they need better lawyers), but then they say this in the last paragraph:
"The game isn’t officially out in Canada yet, but there are plans to roll it out eventually. Until then, players are going online to find a work-around at get the game."Ok, got it - if you want to play the game, go online and ask how. Thanks for the explanation that you're not legally allowed to give.
Murder is illegal. Somebody violating the terms of service of a video game by using a proxy server to download it (I imagine - haven't checked) is also illegal, technically. I wish we had a term to differentiate between those extremes. I guess we have summary conviction offenses (roughly what an American would call a misdemeanor) here, but even that seems harsh compared to this level of "crime". Is there a term even more damp and milquetoast? Maybe the Latin phrase for "you've got to be kidding me".
I'm really curious what prompted them to write that disclaimer.
As to Pokémon GO, not me thing. But hey, if it sounds like fun, have at 'er. Just watch you don't get hit by a car, and be mindful that there are people around you not playing the game.