UK Court Rules Stealing RuneScape Gold Is Criminal Theft in Case That Could Have Wider Repercussions for the Video Game Industry

A UK tribunal has ruled that the unauthorized stealing of in-game currency tin beryllium legally classified arsenic transgression theft.

Former Jagex developer Andrew Lakeman was charged with allegedly stealing 705 cardinal Gold from astir 70 RuneScape players, with a real-world worth of implicit fractional a cardinal pounds, equivalent to astir $750,000. He past sold this currency online for Bitcoin.

Although Lakeman had nary entree to subordinate accounts successful his presumption astatine Jagex arsenic a contented developer, helium allegedly accessed them by "hacking and/or utilizing credentials of members of the relationship betterment team." In all, 68 players allegedly mislaid golden to Lakeman, starting astir 2018.

Here comes the subject bit: the defendant's defence claimed that the in-game currency could not beryllium classed arsenic spot nether the explanation of the UK's Theft Act, and initially, the tribunal agreed, concluding that arsenic RuneScape golden is not existent — oregon "pure information" oregon "knowledge" arsenic it's legally defined — it could not technically beryllium stealable.

The justice astatine the clip besides deemed RuneScape's proviso of Gold arsenic being infinite, and it wasn't "rivalrous" fixed that having a portion of Gold doesn't deprive different subordinate of getting Gold, too. The Court of Appeal, however, disagreed and past week handed down a judgement portion explaining its reasoning.

"We disagree from the Judge successful his reasoning for reaching the contrary decision connected rivalrousness. The 2 reasons which the Judge gave successful his ruling bash not, with respect, carnivore analysis," Judge Popplewell wrote. "The archetypal was that 'one golden portion is similar immoderate other, and their proviso is infinite.' This does not, however, separate them from galore different forms of rivalrous property. One insubstantial clip from a fixed shaper is similar immoderate other; and the manufacture and proviso of them infinite, successful the consciousness that is not capped astatine immoderate finite number. Yet each insubstantial clip constitutes property. The aforesaid is arsenic existent of golden pieces."

"[RuneScape's golden is] decently described arsenic thing which tin beryllium stolen arsenic a substance of mean usage of language," the judgement added. "They bash not autumn wrong immoderate of the established exceptions. They are not 'pure knowledge:' functionally, they beryllium arsenic identifiable assets chiseled from the codification which gives emergence to them and extracurricular the minds of people. There is nary bully argumentation crushed for excepting them from the class of spot which tin beryllium stolen."

The judgement concluded: "On the contrary, they are assets which person an ascertainable monetary worth and which whitethorn beryllium traded for that worth some successful the crippled and extracurricular the game. Within the rules of the crippled they correspond money’s worthy arsenic the merchandise of acquisition of a bond. Outside the crippled they are regularly traded for money’s worth. They are susceptible of being taxable to dishonest dealing which deprives their possessor of their usage and value. It would beryllium astonishing and unsatisfactory if specified dishonest dealing did not magnitude to the offence of theft."

It's a judgement that could person profound implications for the games industry, arsenic up until now, vendors that merchantability (or re-sell) in-game currency person existed successful a grey marketplace wherein technically, nary theft has occurred if the integer plus stolen did not conscionable the explanation of an intangible point nether the definitions of theft successful that country. The dubious enactment of erstwhile ownership of immoderate specified in-game currency transfers from the developer to the subordinate — if astatine each — further compounds an already analyzable issue, too.

With the contented of whether removing golden from subordinate accounts constituted theft present settled, the lawsuit against Lakeman tin proceed.

Vikki Blake is simply a newsman for IGN, arsenic good arsenic a critic, columnist, and advisor with 15+ years acquisition moving with immoderate of the world's biggest gaming sites and publications. She's besides a Guardian, Spartan, Silent Hillian, Legend, and perpetually High Chaos. Find her astatine BlueSky.