R v Andrew Lakeman, 23 April 2025, Cambridge Crown Court, 35NT1558319
Miruna advised on copyright subsistence and infringement in a criminal case concerning the alleged theft of video game currency, successfully assisting lead counsel at the preparatory hearing in this matter in the Cambridge Crown Court.
The factual background primarily concerned the Defendant’s alleged appropriation of in-game currency known as “gold coins” from users’ accounts in the online multiplayer game Old School RuneScape. On 24 February 2025, a preparatory hearing was held in the Cambridge Crown Court for the purposes of establishing whether “in-game wealth” falls within the definition of “property”, either under the Theft Act 1968 or at common law, and is therefore capable of being stolen.
Shortly before the hearing, the Prosecution raised a new argument relying on copyright alleged to subsist in the underlying software as supporting their assertion that in-game wealth should be regarded as property. On 23 April 2025, HHJ Grey gave judgment in this matter. The Court agreed with the Defendant that, as a matter of law, in-game wealth is not property, and dismissed the Prosecution’s copyright argument.
The Prosecution has applied for permission to appeal.
Miruna Bercariu acted as junior counsel for the successful Defendant, instructed by BSB Solicitors.