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Dutch Court Punishes Theft of Virtual Property
tsa writes "Last week, the Dutch court subjected two kids of ages 15 and 14 to 160 hours of unpaid work or 80 days in jail, because they stole virtual property from a 13-year-old boy. The boy was kicked and beaten and threatened with a knife while forced to log into Runescape and giving his assets to the two perpetrators. This ruling is the first of its kind for the Netherlands. Ars Technica has some more background information." In Japan, meanwhile, a woman has been arrested for "illegally accessing a computer and manipulating electronic data" after (virtually) killing her (virtual) husband.
The Japanese lady was actually charged for fraudulently accessing the guy's account, not for what she did after logging in.
On the radio, they quoted the judge as saying that virtual property gives joy, you've worked to earn it and in this case, if one person has it another can't have it (well, the admins could easily clone it, but that's beside the point). So in essence, they said it's a lot like real tangible property.
My knowledge about the justice system isn't great but at least I know that there is a difference between assault and robbery ... In germany you can get away with 6 month for assault but can expect a minimum sentence of 1 years for robbery.
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No power in the 'verse can stop me
So if i beat the crap out of you till you *give* me your PIN number, I then have permission to take the money?
FTA, beatings were involved.
If information wants to be free, why does my internet connection cost so much?
The theft was not the most important crime. Although causing bodily harm is considered a crime, the punishment is less than theft involving violence. In order for this to be more than two kids beating up an other kid something had to have been stolen, resulting in a legal issue on whether or not virtual property is property.
"virtual or not, they took that which did not belong to them" Which was exactly what the court considered. Under dutch jurisprudence a "good" is something that is "owned by" someone and that has a value to the person that owns it. This value is not necessary a monetary value as in the case of virtual objects. The fact that the virtual items are considered goods constitutes the crime of robbery (larceny aggravated by force).