I also happen to be a lawyer and not an automotive editor, which I think helps. ;)
152 karma · joined March 15, 2012
But, the ADA is the law of the land. No getting around it.
http://associatesmind.com/2016/07/11/is-pokemongo-illegal/
It's a novel issue of first impression. There is no controlling statute or case law. The most we can do is make informed speculation at this point.
My guess is that at some point a court will find that property rights will extend to geo-spatial, virtual property boundaries. That is, you retain control of how your property appears in 'cyberspace.'
Theoretically, people who purchased complain to their state attorney general or report the manufacturers to the FTC. There might be some recompense under consumer fraud laws. If enough people had bought them, there might be enough people to form a class action (doubtful though).
The problem is that amount of $ involved here is just not something anyone is likely to get up in arms about. It's $5. Most people will just write it off and never think about it again. No lawyer would bother either unless there were 10,000s of consumers willing to come forward and complain.
Just one of those shitty situations. Caveat emptor.
Having legal shit done correctly for start-up businesses is a lot like having insurance. You'd prefer not to have to pay for insurance and you'll likely never need it. But when you need insurance, you're glad you have it.
Same thing is true for having your legal ducks in a row. You hope you never get sued or embroiled in a lawsuit, but if you do, you'll be glad you had lawyers involved at the beginning.