Protections for Virtual Property: A Modern Restitutionary Approach

Virtual online worlds have become a staple of modern society. Through an avatar, individuals may enter into virtual worlds, where they can do anything from completing epic quests to speculating on virtual “real estate.” Many virtual worlds have unique currencies, which have real-world value because of the high demand for in-game property. Disputes over virtual property, however, remain mostly, if not entirely, ungoverned by any body of law. This Comment seeks to address how to handle conflicts that arise over virtual world property. It concludes that the reemerging law of restitution, as promulgated in the Restatement (Third) of Restitution and Unjust Enrichment, provides the breadth and flexibility necessary to properly resolve legal disputes that have, and will continue to arise over virtual property in virtual worlds