PSN user files lawsuit against sony over PSN ban.

[SlainPwner666]

Who do you think was at fault here?

Erik Estavillo is suing Sony over being banned from PlayStation Network, claiming that the company violated his right to free speech and has caused him pain by removing his only form of socialization, as he suffers from agoraphobia.

PlayStation Network is important to Erik Estavillo, so when the San Jose resident was banned for inappropriate behavior in Resistance, he had to do something to get it back: file a lawsuit. Estavillo, then, is suing Sony for repressing his constitutional right to free speech and causing him pain and suffering.

The lawsuit claims that Estavillo was "exercising his First Amendment Right to Freedom of Speech" in the game's "public forum" (guessing this refers to the official Resistance message board?) when moderators, who the suit alleges are biased, banned him from Resistance and PlayStation Network altogether.

Taking away his right to free speech would be one thing, but in addition to that, the suit claims that the ban "has caused pain and suffering to an already disabled plaintiff." Estavillo, it seems, suffers from Obsessive-Compulsive Disorder, Panic Disorder, Major Depression and Crohn's Disease. To ban him from PSN robbed him of one of the few sources of pleasure in his life, as Estavillo is an agoraphobic (he's afraid of crowds) who "relies on [PSN] to socialize with other people, since it's the only way the plaintiff can truly socialize," the suit states.

The suit states that Estavillo has medical documents to prove that he really suffers from all those conditions, and okay, if he's not lying, that really sucks. But this is just plain ridiculous. Estavillo is asking for $55,000 in punitive damages as well as "pain and suffering damages."

Source: The Escapist Magazine: http://www.escapistmagazine.com/news/view/93314-Agoraphobic-PS3-Owner-Sues-Sony-over-PSN-Ban



You can read the lawsuit for yourself here.
http://cdn4.libsyn.com/gamepolitics/Sony-Estavillo.pdf?nvb=20090725200339&nva=20090726201339&t=005a32d3d36d4e2901c1a

Discuss.

[yourbadmega]

overreact much?
I got banned and i can't reach my monies that i spent. SUE!

[Shrubberyjsc]

It didn't say what he did to get banned.

Sounds like an incomplete story.

I think I'd side with the mods.

GUESS WHY?!

xD

[Waterboy2go]

There is no free speech online

[yourbadmega]

There is no free speech online

true dat, if there was, there would be KKK and nazi sites everywhere.

[ThoughtThinking]

Freedom of Speech?
ON THE INTERWEBS?!

What is this shit?
I can understand sueing for the medical stuff but not the "Freedom of speech" shit.
This is the internetz there is no such thing as Freedom of Speech.
n00b

[Easton Dark]

He didn't sue to get back onto the network, he just wants the money.

Playstation network is international, it doesn't include the laws of the U.S.

It didn't tell us what he said to get banned in the first place, so until then, I don't know.

[Mini Moose]

Worldwide Internet > US Constitution

Probably something in the Terms of Use explaining this too.

[yourbadmega]

*hitler image*

old, seen it on your other thread

[TnT DORKMAN]

Hey I have crohn's dissease!! Maybe he can be my friend. :D

[Keptron]

He didn't sue to get back onto the network, he just wants the money.
For sure, people these days only want this.

[Easton Dark]

For sure, people these days only want this.

I can understand why though....

money is purtyful.

[Goldkills]

the thing is the court is going to side with the guy b/c of his disorders/problems also it must of been one butt-hurt admin to ban him from not just the forums but PSN too


PS there is total freedom of speech on the internet its just where u say things that is where it matters and you can set up KKK sites all you want its protected speech in the US remember you have the right to hate but you cant hurt others due to it.

[Deadly]

A website is like private property. Freedom of speech does not apply since it is not a public place. While it may be open to many people, ultimately it is up to the owner or those that the owner has put in charge of keeping order (mods). If he was banned without warning then I can see some issues but if he was given prior warnings then in my opinion he had it coming. Like others said it is also an incomplete story.

[Keptron]

the thing is the court is going to side with the guy b/c of his disorders/problems also it must of been one butt-hurt admin to ban him from not just the forums but PSN too
He must have broke a lot of rules to be banned from both, because I don't think they would just ban him from the nothing .... but well, court is going to be on his side as the way you said IMO >_>

[Jesus123]

None of you have his disorders so no one can truly understand how he is feeling. But that much money for pain and suffering? Fuck that, he just wants the money.

[Easton Dark]

PS there is total freedom of speech on the internet its just where u say things that is where it matters and you can set up KKK sites all you want its protected speech in the US remember you have the right to hate but you cant hurt others due to it.

It's Sony's network, they can do what they want with it. It's also international, so the U.S. laws dont really apply.

[gehn6]

Sounds like a troll who took it to the next level... BAM!

[CrAnKeDHigH]

Its a FREE service and a private forum. This is just another person who feels entitled to something because its always been there for them. Sony and its mods can kick and ban for whatever reason they want on THEIR service. This kid is a tool and just wants some money for nothing.

[gehn6]

I would like some money for nothing.

[SlainPwner666]

Yes, I realize, a massive bump. But the same man has filed a grand total of 3 new lawsuits, another one against Sony, but 1 against Microsoft and one against Nintendo.

http://www.escapistmagazine.com/news/view/96240-Agoraphobic-PS3-Owner-Sues-Microsoft-Nintendo

[Bill_the_nonchalant]

Wow, that kid is getting sad, I was somewhat on his side for Sony but now that he's suing Microsoft for getting the RROD is just pathetic. He's using his disabilities to gain money for his own profit.

[wertan11]

i think that he thought he could get some money f0r nothing and when the case was dismissed he got desperate

[UKMD Elmo]

Haha, free speech makes me laugh. When you think about it nobody has the right to true free speech, as that means you can say anything at any time to anyone and get away with it. For example, try walking up and down New York City screaming at the top of your lungs how much you love terrorists. You'll be arrested, and with good reason too.

When you say you have 'freedom of speech', you always have to add the rider 'Sometimes' or 'it depends'. What makes this guy so different?

And you're right Shrubbery, it's an incomplete story. Most likely the law team is keeping quiet about exactly what he said because it'll weaken their case due to him most likely being foul mouthed, insulting and justly banned. But hell, he'll probably win anyway...

[lawlhat]

If the guy has a life that shitty, I kind of sympathize with the guy.

On the other hand Elmo is right, it's all about discretion.

[SlainPwner666]

Well folks, our good friend is at it again.

http://www.escapistmagazine.com/news/view/96345-Agoraphobe-Sues-Activision-Over-Hurtful-World-of-Warcraft

The crazy-ass bastard who sued Sony over a PlayStation Network ban and then launched suits against Microsoft and Nintendo has fired one last litigational salvo: He's suing Activision Blizzard because World of Warcraft isn't fun enough.

The story of Erik Estavillo should be familiar to all of us by now: The agoraphobic gamer filed a lawsuit against Sony in July for banning him from the PlayStation Network for "inappropriate behavior" while playing Resistance: Fall of Man and then last week began a pair of sequel lawsuits against Microsoft and Nintendo for the Red Ring of Death and the 4.3 update to the Wii firmware respectively. But that's not the end of it; today he announced his "final lawsuit," filed against Activision Blizzard because World of Warcraft isn't fun enough.

I make that point twice because although it may sound like a joke, it's not. Estavillo's complaint essentially breaks down like this: Blizzard charges too much money for World of Warcraft, a problem exacerbated by the fact that the game doesn't let people move around fast enough until they've sunk enough time and money into it to buy a mount or a "teleportation stone." But mentally ill people who rely on MMOGs as their primary form of entertainment and contact with the outside world have a tendency to die when they're deprived of them and since Estavillo himself is mentally ill and doesn't want to end up like all the other dead MMOGers out there, he wants the game "fixed."

Oh, and he wants a million bucks in punitive damages "for creating a game which hurts gamers rather than being a bridge of entertainment for them to pursue happiness."

But wait, there's more! To support his case, Estavillo has subpoenaed both Depeche Mode lead singer Martin Lee Gore and actress Winona Ryder to testify. "[Gore] will be a witness on 'alienation' and the ties it has to World of Warcraft, since he himself has been known to be sad, lonely, and alienated as can be seen in the songs he writes," he explained in an email to The Escapist.

"[Ryder] and I share a common interest in the book Catcher in the Rye, which is all about alienation," he continued. "She will be a witness that can explain the significance of alienation in Catcher in the Rye (since she bought one of the original printed copies at an auction) and will also testify to how alienation in the book can tie to alienation in real life/video games such as World of Warcraft."

It's quite clear at this point that one of two things is happening here: Either Estavillo is a total nutcase - not just agoraphobic, OCD and all the rest, but completely out of his tree - or these lawsuits are a buildup to some sort of unfathomable attention-whoring punchline. It's a dangerous game; according to Rule 11 of the Federal Rules of Civil Procedure, people who knowingly bring a frivolous lawsuit before the courts can be slapped with some pretty hefty fines.

And yet... Is there a third possibility that we're overlooking? Could all of this in fact be another stealth ad from the wild and crazy guys at the Dante's Inferno marketing team? Is it sloth? Will it be greed? Is it possible that this series of insane lawsuits will turn out to be the most insidious advertisement ever? Of course not - although as explanations go, it makes about as much sense as anything else involved in this case. (And if it is, I'm totally buying the game just for the sheer awesomeness of the marketing.)

[Waterboy2go]

Fuckin lol

[Easton Dark]

Y'know that chinese couple that neglected their child because of World of Warcraft?

I don't think they were complaining about the cost.

Someone mail this to him:

http://interestingcreature.files.wordpress.com/2009/09/douchebag.jpg


I can understand the first lawsuit, but this kid is now douche worthy and I hope he gets another mental disorder so he can't form coherrant sentences anymore. Then atleast there'll be SOME usefullness to him, making people laugh.