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Location-Based Game

A location-based game (also referred to as a location-enabled game, geolocation-based game, or simply a geo game) is a particular breed of game where the entire gameplay experience is intrinsically tied to and evolves with the player's real-world geographic location. To function, these games necessitate a method for players to report their whereabouts, almost universally achieved through GPS technology. A significant portion of location-based video games are designed to run on mobile phones, leveraging their built-in GPS capabilities.

The concept often extends to what are termed "urban games" or "street games," which are typically multiplayer experiences played out across the physical landscape of city streets and developed urban environments. The mobile devices themselves become the conduits for these interactions, leading to the classification of these as "location-based mobile games," a fusion of location-based gaming and the broader category of mobile games.

Games

The spectrum of location-based games is broad, encompassing both purely digital experiences and those that bridge the virtual and physical realms. A prime example of the latter is Geocaching, an outdoor recreational pursuit where participants employ a Global Positioning System (GPS) receiver or a mobile device, alongside other navigational techniques, to both hide and seek containers, often referred to as "caches." On the other end of the spectrum, games like Pokémon Go are entirely contained within digital devices, with minimal to no direct interaction or tangible effect on the physical world, save for influencing player movement.

A PokéStop at Aeon Town Higashi-Osaka, an example of a real-world marking for the location-based game Pokémon Go.

Technology

The technological underpinnings of location-based games, particularly within the video games domain, have evolved considerably. Many have integrated embedded mobile technologies such as near field communication, Bluetooth, and UWB. To enhance immersion, these video games frequently employ augmented reality features. Games like Pokémon Go and Ingress utilize an Image Linked Map (ILM) interface. This interface presents players with a stylized map, generated from GPS data, on which approved geotagged locations appear, serving as interactive points within the game.

In earlier iterations, location-based video games often relied on SMS as their primary communication medium. Player location was determined through cellular network's control plane locating mechanisms, which did not require any specialized features from the user's device. This approach was quite foundational, allowing for games to function with the most basic mobile phone capabilities.

Learning

Location-based games possess a notable capacity to foster learning, with researchers observing that these activities promote learning experiences that are inherently social, experiential, and situated within a specific context. They predominantly support learning in geography, but can also extend to other subjects like environmental education. However, the extent and nature of this learning are significantly influenced by the objectives set forth by the game designers. A survey conducted by Avouris & Yiannoutsou (2012) categorized these games based on their primary objectives into three groups: ludic (created primarily for entertainment, often action-oriented with elements of shooting, action, or treasure hunts, and with weak ties to narrative or virtual worlds), pedagogic (designed mainly for educational purposes), and hybrid (possessing mixed objectives).

The role-playing variants within this genre have demonstrated a higher potential for learning, a finding corroborated by studies involving students utilizing location-based games for educational purposes. The social interactions that emerge during gameplay, coupled with the development of skills in strategic decision-making, observation, planning, and physical activity, are key learning outcomes associated with this strand of games. The pedagogic category includes participatory simulators, games for situated language learning, and educational action games. Hybrid games, on the other hand, often manifest as museum-based location games or mobile narratives that explore fictional cityscapes.

Concerns

The integration of games like Pokémon Go into everyday life has not been without its controversies. Researchers at Purdue University’s Krannert School of Management published a paper, starkly titled "Death by Pokémon GO," which posited that the game contributed to a significant increase in vehicular accidents, along with associated property damage, injuries, and fatalities, particularly in areas surrounding PokéStops. By analyzing data from a single municipality, the researchers extrapolated these findings to a national level, estimating that the introduction of Pokémon Go led to approximately 145,632 additional crashes, resulting in 29,370 injuries and 256 fatalities between July 6, 2016, and November 30, 2016. The estimated financial cost of these incidents was pegged between 2billionand2 billion and 7.3 billion for that period.

Legality

The very nature of location-based gaming introduces complex legal considerations, primarily stemming from the potential for increased foot traffic, or even vehicular traffic, at specific real-world locations. While such influxes can be beneficial for local businesses and attractions, they can also lead to issues at privately-owned sites, locations with restricted access, or simply cause undesirable congestion.

Pokémon Go notably faced public scrutiny due to instances where players were drawn to inappropriate or sensitive locations, compelling the developer to manually remove these sites from the game's map. In a landmark legal case concerning location-based gaming, a Federal District court ruled that a Wisconsin county ordinance requiring game developers to obtain permits for locations within the county's public park systems was likely unconstitutional. Despite the county's assertion that First Amendment rights were not applicable due to the game's location generation mechanisms, the Federal judge disagreed, indicating a potential for such games to be considered a form of expression.

The intersection of location-based games and property law remains largely uncharted territory. Various theoretical frameworks have been proposed to address how these interactions might be resolved within a common law context. One model suggests an extension of real property rights to encompass augmentations on or near the property, with a strong emphasis on trespassing, thereby prohibiting such augmentations without owner consent. An alternative, the 'open range' system, would permit augmentations unless explicitly forbidden by the property owner. A third model, the 'freedom to roam' system, posits that property owners would have no control over non-disruptive augmentations.

A common issue that arose during the peak of the Pokémon Go phenomenon was the disturbance of private property owners by players seeking in-game elements. The terms of service for Pokémon Go explicitly disclaim responsibility for player actions. While this may mitigate (though not entirely extinguish) the liability of its producer, Niantic, in cases of player trespass, the argument is that the player, not Niantic, is the one committing the trespass, while Niantic has merely engaged in permissible free speech. However, some lawsuits against Niantic have advanced the theory that the placement of game elements in locations likely to induce trespass or significant visitor flux could constitute nuisance, even if each individual instance of trespass or visit is only tenuously linked to Niantic's actions.

Another claim leveled against Niantic involves unjust enrichment, asserting that the placement of valuable game elements on land without the owner's permission constitutes an unfair gain. Hypothetically, a property could be augmented with advertising or undesirable content against the owner's wishes. Under current American law, courts are unlikely to deem these situations a violation of real property rights without an expansion of those rights to include augmented reality, akin to how English common law evolved to recognize air rights.

Legislative attempts to regulate this space have been made. Milwaukee County, Wisconsin, attempted to impose regulations on location-based games played in its parks, requiring a permit. However, this was met with criticism on free speech grounds by a federal judge. Illinois considered a mandate for a notice and take down procedure for location-bound augmentations.

Consumer Countries

Japan stands as the preeminent market globally for consumer spending on location-based titles, with games like Pokémon Go and Dragon Quest Walk generating over 620millionin2023,representingasubstantial50620 million in 2023, representing a substantial 50% of the genre's worldwide revenue. The United States follows as the second-largest market, with consumer spending exceeding 380 million on its top five games in the same genre. South Korea's expenditure on its top five location-based games fell considerably short, registering less than $16 million.

Notable Examples