To illustrate the necessity of a permanent remedy—a virtual prescriptive easement—this Comment begins by exploring the origins of AR games in Part II and providing an overview of the mechanics of the most popular AR mobile game, Pokémon Go, as well as the types of AR games and technology currently in development. Part III then considers different causes of action that individuals might bring against creators of AR mobile games under the doctrines of trespass and nuisance, respectively. After weighing the merits and pitfalls of each claim in Part III, this Comment submits that a virtual prescriptive easement is the most feasible permanent solution for balancing the competing interests of private property owners and AR developers in Part IV.
Pokémon Go Away: Augmented Reality Games Pose Issues with Trespass and Nuisance,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol54/iss3/5