Law

    You are a solicitor in legal practise in Queensland. Mary has come to see your supervising partner, rather distraught, seeking advice. Her son, Alex is in year 10. He recently found a usb stick at his school, Goldstone State High School. It was a school issued usb stick to students once they start year 11. The usb stick does not have any external marks distinguishing it from another usb stick. Alex accessed the data on the usb stick and it contained a file which, when opened, allowed Alex to essentially “hack” the online computer game, Skyrim, which he did at school. The firm’s legal file notes that Alex has apparently been very naughty and used the hack to create online quest items. He has then sold those quest items to his friends and third parties. He has used the money to buy himself new clothes and a new bike, the remaining money is held is his personal bank account. These purchases altered his mother to his activities. The following parties have now come forward claiming all of the money which Alex obtained from using the hack:

    · the Skyrim game developers;

    · the Principal (on behalf of Goldstone State High School) because the activities occurred using a school computer, on school time and using a school usb; and

    · Katie, a student who says she owns the usb stick.

     

    To make matters worse, all the people that Alex sold quest items to now have also sought their money back, as they believe their items are tainted and may be removed by the game developers.

     

    Advise Mary. Refer to any cases, legislation or journal articles which are relevant to your answer. Please note that your supervising partner will deal with any issue NOT related to property law. Therefore you have been asked to confine your answer to your ambit as an expert in property law only.

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