Case Overview
A UK Court of Appeal has ruled that virtual gold in the online game Old School RuneScape qualifies as property under the Theft Act 1968. The decision overturns an earlier judgment that claimed the game’s uncapped gold supply meant it was not rivalrous and therefore not property.
Details of the Theft
Former Jagex content developer Andrew Lakeman is accused of accessing 68 player accounts—either through hacking or by using recovery credentials—and siphoning off 705 billion gold pieces. He then sold the stolen gold for a combination of Bitcoin and fiat currency valued at approximately £543,123 (≈ $748,385).
The charges against Lakeman include:
- Theft
- Computer Misuse
- Money Laundering
- Five separate indictments covering the above offences
Legal Significance
Lord Justice Popplewell likened RuneScape gold to paper clips, stating that an infinite supply does not preclude an item from being rivalrous or having monetary value. The ruling confirms that virtual items can be “assets which have an ascertainable monetary value and which may be traded for that value both in the game and outside the game.”
Crucially, the judgment separates criminal‑law property concepts from civil‑law definitions. While Jagex’s terms of service claim virtual currencies are not users’ private property, the court held that criminal law does not have to mirror civil‑law property classifications.
Implications for Virtual Assets and Cryptocurrency
Legal experts note that the decision may set a precedent for how other virtual items are treated under UK criminal law, though its impact on the status of Bitcoin is expected to be limited. Bitcoin has already been recognized as property in the UK since 2019, and this ruling reinforces the broader principle that digital assets with monetary value can be subject to theft statutes.
Expert Commentary
Lawyer Ashley Fairbrother of Edmonds Marshall McMahon explained that the court’s focus on the criminal‑law definition of property “need not track civil‑law property,” emphasizing the modern relevance of such interpretations.
Conclusion
The appeal decision marks a pivotal moment for virtual property rights, confirming that in-game currencies like RuneScape gold are protectable under existing theft legislation. While the case centers on a single employee’s alleged misconduct, its ramifications could influence future disputes involving virtual assets across the gaming industry.