Hoekman and Dirkzwager 2009 Moszkowicz 2009 Rijna 2010 Brenner 2008 Kerr 2008). Lawyers have extensively debated the legal question raised by the RuneScape and Habbo cases, in- as well as outside the Netherlands (e.g. In essence, it is only morally appropriate to use criminal law to control the infliction of harm within society (Brenner 2008, p. Although legal policy considerations might also play a role, the decision whether it is reasonable to apply the criminal law or a less intrusive alternative is mainly based on moral grounds. deprivation of liberty, represent grave infringements of the fundamental rights of persons, it is only considered justified to apply the criminal law if no less intrusive alternatives seem reasonable (Murphy and Coleman 1990, pp. Since the punishments of the criminal law, e.g. In liberal societies the criminal law is seen as a last resort. As will be explained below, the question whether or not they should count as such under criminal law is largely of a moral nature.

The question whether or not virtual items count as “objects” that can be “stolen” is an ontological question. This legal question has both an ontological and a moral component. The highest court of the Netherlands (Hoge Raad) will decide on the RuneScape case, but the decision is still pending.įrom a legal point of view the RuneScape and the Habbo cases raise the question whether virtual items, such as a virtual mask, a virtual amulet and virtual furniture, should count as “objects” that can be “stolen” under criminal law (Hoekman and Dirkzwager 2009, p. The perpetrators had violently forced another player of RuneScape to give them access to his account, so that they could transfer his virtual amulet and virtual mask to their own RuneScape accounts. RuneScape is a virtual medieval fantasy realm in which players earn points and items, such as the aforementioned amulet and mask, through their activities in the realm. In a similar case, two minors were convicted of theft for stealing a virtual amulet and a virtual mask in the virtual world of the online multiplayer computer game RuneScape (Gerechtshof Leeuwarden, 10 November 2009, LJN: BK2773, BK2764).

By means of deceit the perpetrators obtained the usernames and passwords of other Habbo players, so that they could access the other players’ accounts and transfer their virtual furniture to their own Habbo accounts. Habbo consists of a virtual hotel where players have their own room, which they can furnish. In 2009 Dutch judges convicted three minors of theft for the stealing of virtual furniture in the virtual world of the online multiplayer computer game Habbo (Rechtbank Amsterdam, 2 April 2009, LJN: BH9789, BH9790, BH9791).

Criminal law games online