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Banned Resistance player sues Sony

For allegedly violating free speech and stealing money
Sony is being taken to the courts by a gamer who claims Sony violated his free speech and stole money after being been banned from the PlayStation Network.

Erik Estavillo of San Jose claims Sony caused him "pain and suffering" with the ban from PSN, which serves as his only form of socialising due to a disorder (among others) called agoraphobia - a fear of crowds.

"The ban is supposedly due to the behavior of the plaintiff when he plays the video game 'Resistance: Fall of Man,' which Sony owns and employs moderators for its online play. These moderators kick and ban players that they feel are deserving; though their biases to a player seem to be what determines the kick or ban," says the lawsuit.

"The plaintiff was exercising his First Amendment Rights to Freedom of Speech in the game's public forum when he was banned from, not only [Resistance], but also banned from playing all other games online via the PlayStation Network."

Sony used the biggest kind of ban hammer, then. But the plaintiff also claims he can't access money on his account which, it the suit says, "is stealing money from the player".

He seeks $55,000 in damages, and that SCEA be enjoined from banning players, reports Game Politics.

computerandvideogames.com
// Interactive
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Posted by MrPirtniw
So what did he actually do then? Did I miss something? :?
Posted by andy_cotts84
don't you just love americans!
Posted by almanac2015
...

Chances are this kid just wants some out of court settlement because it's a big company, and I'm pretty sure Sony lawyers would own him in court.

Hopefully Sony don't do that...it's more fun that way. To act a ****, you get banned. He knows the rules...
Posted by Mark240473
Good luck with that one. Can he have an hearing at home - on his own? :?
Posted by Bibbo
"Erik Estavillo of San Jose claims Sony caused him "pain and suffering" with the ban from PSN, which serves as his only form of socialising due to a disorder (among others) called agoraphobia - a fear of crowds."

And the Americans are at it again.

I want Sony to fight it with him in court. Think how funny that would be. He'd be screwed facing up to a "crowd" in court with his disorder.
Posted by flash501
He should have sued them last gen when Sony had money, he'll probably only get a tenner out of them now. :D
Posted by Twelfth Crusader
He must have deserved to get banned. I am wondering why they aren't giving us specifics on why he's getting banned though.
Posted by steve_2003
I've got it!

The PSN network should open a Home county court. All angry users can dress up in their best outfits, head down to the courtroom and sue Sony online without leaving their homes (don't laugh, give it a few years and you'll see).

An out of court settlement could go straight onto your Credit Card or be given as Home items (a new house or furniture etc.). :D
Posted by starsail
Don't be saying anything negative about this chap ... or there may be more lawsuits lol
Posted by lonewolf2002
Lol yeah should be suing nintendo
Posted by madcrazymadman
Same thing happened to me.
Posted by miked00d
he seems to be forgetting about the license agreement that all players have to agree to before signing up to psn. tard.
Posted by Suivatam109PS3
Sadly, with Sony's track record of lawsuits, they'd probably lose.
Posted by WHERESMYMONKEY
hmmmm. what could of he get banned for. Did he tell someone to stop being such a raceist, homophobic bigot.


Ban for not talking monosylabically. thus confusing the other players.
Posted by BeauBeau
Agoraphobia isn't the fear of crowds (although they certainly don't help): it's an uncontrollable fear of open spaces. So there you go.

But even so, he sounds like a whiny tosser to me.

Given that my network provider won't let me onto PSN (Xbox Live is just fine, btw: funny that a Microsoft-based server lets one work, but not the other...), I don't know what I'm missing by not being on it. But I can't imagine it's really worth this much hassle.
Posted by RandyChimp
The only way Sony could lose to this moron is if their lawyers all fall into comas the day before the court case. Seriously, it's not going to happen. No-one could take this seriously. And considering things such as MSN or AIM messenger exist on PC, you'd think he could just use them, the ****.

Go Sony, he didn't follow the rules and he paid for it fairly!
Posted by flash501
:lol: I'm all for it so long as I don't get called for jury duty. Plus, being able to sue someone on your ps3 without leaving the house would definitely help them shift a few more consoles in America. :)
Posted by leefear1
How do you know that the servers are running microsoft windows rather than linux?
Posted by Asaron
What? lol
Water-tight theory.
Posted by WHERESMYMONKEY
I like the Home court idea. They could get capcom to build it for them. Who wouldn't want to be defended by Phoenix wright.
Posted by The Kool Kid
Thats because your a crazy, racist **** with a vendetta against everything non-British.
Posted by mastiffchild
Read about tis fool the other day. I can't believe he found a lawyer that actually felt he has a case!

Things like this really hurt the way the rest of the world looks at the US I'm afraid-the over litigeous nature of the US over recent years has indeniably left the outside seeing them as a cry baby nation full of idiots unable to take any responsibility for their own actions. The bloke who WON his anty Micky D's case cos his coffee was hot when he spilled it says it all! You couldn't make it up!

I'm bi-polar and suffer from some serious disorders(agoraphobia being one of them)and the very last thing I'd ever want is this kind of attention so I call BS on the fool right away. He's trying to hide behnind something that WRECKS lives just cos he couldn't stop his foul and abusive behaviour(the only kind of thing you get a ban like his is for homophobic or racist crap)even after AGREEING to the user agreement outlining what you can and cannot say!

So, no case. Idiots like this guy and his fool lawyer make a mockery of the millions of decent, responsible US citizens out there and genuinely effect the way the US is seen. He's a fool.
Posted by Black Mantis
He's representing himself. :)
Posted by flash501
He might not have much of a case with regard to getting banned unfairly, but he may well be more successful suing Sony for stealing if he still has money left in his online account that he can't get access to.
Posted by VirtualCrack
I'm surprised anybody could hear him above the crackling and hissing on PSN. I rarely can hear my friends.
Posted by mastiffchild
Lol. Well, that would axplain the idiocy I guess! Where doe he arrive at $55, 000 or whatever? Puzzles me.
Posted by Batman2372
What this kid (I would guess he doesn't have legal representation, as this is basic information that surely a lawyer would know) fails to understand is that this doesn't fall under his 1st Amendment rights.

The first Amendment doesn't say that a person can say whatever he or she wants. It says that a person can not be persecuted by the government for what he says. There is a very big difference between the two.

This kid does NOT have the right to say whatever he or she wants on Sony's network. I would be very surprised if the presiding judge doesn't throw this case out, as there is little for him to go on.
Posted by Dave_25
"How do you know that the servers are running microsoft windows rather than linux?"

Ha ha ha! I work in IT and It's pretty certain the servers will not be running linux, windows maybe or Unix, but linux really? are you serious?!
Posted by voodoo341
eh? :?
Posted by sas0875
I know the guy that is sueing them.

Goes by the alias of SVD_Grasshopper.
Posted by irishgamer82
under the terms & conditions of the playstation network it clearly states if you get banned in no way will you get a refund of funds that you transfer to your wallet.so im guessing this nut job we get notting but a day in courth
Posted by funnyguy2001
I hope he wins!

Moderators in 90% of cases are dicks! (Not this site though!)For example try saying anything negative about the BBC especially anything about the TV license fee on YOU TUBE. Your post will be deleted pretty quick. WHY? Because YOU TUBE is licking the BBC's arse so they can show old BBC TV shows for free that's how!
Posted by brad.storch
Your comment indicates that you either don't work "in IT", or are incompetent. Either way you just said something pretty stupid.

Based on my (real) experience in the IT sector with OS installs on large scale networks, some flavour of Linux is very much possible. And if so, it's most likely utilised in the form of pre-configured, remotely deployable disc images. I couldn't guess more than that as I moved away from low level development for more money and less hours.
Posted by Sleepaphobic
dont the T&C say u cant do tht?
burn tht fu(ker alive. ive heard horror stories abt xbl and dont want psn to get tht bad.
Posted by Jensonjet
Surely a true agrophobic wouldn't relish the idea of going to court? It has to go against the whole avoiding crowds, open spaces and unfamilar locations issue they have! Perhaps Sony have a case to counter-sue based on his allegations. If nothing else, there are plenty of other outlets for online gaming (assuming someone who no doubt can't work because of their problem can get out, work, and earn money to purchase another online gaming system!).

Regardless, I think there's a lesson to learn here... for Microsoft. I didn't know that Sony had people listening in on games for nasty, overly-aggressive or racist gamers. It seems like a really good idea to me. I can't see why Xbox Live couldn't have a system whereby moderators who have been alerted to gamers like this pop into games inhabited by these disruptive and unpleasant gamers and ban them. I can't speak for online Sony gaming, but Xbox Live is prevelent with gamers who need to be taught a few lessons in etiquette and public behaviour. I'm sure these culprits don't act this way at school/college/work or amongst strangers when socialising. And if they do, there are people in those situations that would put an end to their behaviour in seconds.

I'm completely behind the idea of moderators seeking out the worst culprits and cleaning up online gaming behaviour. After all, we pay to use these services, which are open to all. Microsoft needs to take a more proactive approach, as Sony seem to be doing. Their pathetic voting system isn't working, at least not until they employ moderators to police the airways of Live. The only people that would be affected or disagree with this system would be the worst culprits! And I say, ban them, and then let's see them whine and threaten pathetic lawsuits. We all sign up for, and agree to abide reasonable codes of conduct.
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