Kudos to Niantic for Anticipating Storms of Liability in Its New AR Gaming Mechanic

Although mainstream media still propagates the narrative that Pokemon Go crashed and burned after it exploded onto the scene in July 2016, the truth is that the game remains quite popular, continues to plow new ground in location-based AR gaming. Niantic’s latest update to the game, released last week, not only adds a third set […]

Cleveland Roundtable Explores AR/VR Legal Issues

I was privileged to join several other legal scholars and AR/VR professionals at a roundtable discussion in Cleveland today. Organized by the First Amendment and the Arts Center at Case Western Reserve Law School and hosted by the EventWorks4D Hologram Studio, the event led off with a fascinating presentation from Philip Lelyveld, head of the […]

Will Pokemon Go Evolve Into Customer Confusion?

I’ve written at length about the potential for customer confusion arising from the association of digital advertisements with physical billboards and other commercial properties via augmented reality. It occurs to me, though, that the Pokemon Go phenomenon that began in July 2016 planted the seeds of a similar issue, albeit in a slightly different form […]

Game On: Candy Lab AR Files First Amendment Challenge to Milwaukee’s Pokemon Go-Inspired Ordinance

The first shot in the battle for free speech rights in augmented reality has been fired–and I’m proud to be the one who pulled the trigger. In prior posts, I have tracked Milwaukee County’s proposal and adoption of an ordinance regulating location-based augmented reality games. Written as a knee-jerk reaction to the number of people visiting […]

The Time Judge Gorsuch Brought Copyright Law Into the 21st Century

Good news: the newest nominee to the U.S. Supreme Court gets copyright law, including how it does–and doesn’t–apply to emerging forms of digital media. The 10th Circuit’s 2008 decision in Meshwerks v Toyota Motor Sales USA, Inc.–which Judge Neil Gorsuch wrote–is one I’ve cited in this blog several times. Of course, it’s one that comes to mind […]

No Pokemon For You?

Pokemon Go Declared a Threat to Chinese Society, But Gets a Reprieve in Milwaukee

It’s been a busy month in governmental regulation of augmented reality. First, the U.S. Senate held its first hearings on AR. Then Milwaukee County threatened to go off the rails by restricting the publication of location-based AR apps. And now this: the People’s Republic of China has just banned Chinese citizens from using the popular […]

Milwaukee, Pokemon Go, and the First Amendment

Is the City's New Ordinance a Step Too Far?

I have been warning for years of an upcoming clash between First Amendment free speech rights and the regulation of augmented reality content. Now it looks like that day may have arrived. The Milwaukee Record reports that, yesterday morning, “members of the Milwaukee County Board unanimously recommended for approval a proposed ordinance that would make […]

Congress Praises AR’s Potential and Will Try to Stay Out of Its Way

Breaking Down the Senate's First Hearing on Augmented Reality

“They weren’t just playing a game; they were experiencing augmented reality.” That’s how North Dakota Senator and Committee Chairman John Thune summarized the experience of Pokemon Go players in remarks that opened Congress’ first hearing on augmented reality Wednesday. And it was an apt summary of the hearing itself. Before hearing testimony from five witnesses, […]

The First Congressional Hearing on Augmented Reality

When I launched my Augmented Legality blog in 2011, I didn’t know anyone outside a very select group of entrepreneurs and technologists who even knew what augmented reality was. But I shared with the members of that then-fledgling industry a vision that AR would soon revolutionize society as much as the internet had already done. […]