The article wrote:
A PlayStation 3 gamer has filed suit in U.S. District Court in California, alleging that SCEA suppressed his free speech rights and caused him pain and suffering by banning his account on the PlayStation Network.
In a complaint filed on July 6th, Erik Estavillo of San Jose writes that he his disabled by a variety of disorders; among these are agoraphobia, a fear of crowds:
Estavillo's issues with SCEA apparently stem from his play of the PS3 hit Resistance: Fall of Man:
Estavillo also claims that the PSN ban amounts to a theft of his pre-paid points:
Estavillo also argues that the EULA for online play of Resistance is ineffective in blocking players under the game's recommended age of 17, although it's unclear how this fits into his claim.
In his request to the court, Estavillo, who appears to be unrepresented, asks that SCEA be enjoined from banning players. He also seeks $55,000 in punitive damages.
To date, SCEA has not filed a response with the Court. GamePolitics has requested comment on the lawsuit from SCEA.
In a complaint filed on July 6th, Erik Estavillo of San Jose writes that he his disabled by a variety of disorders; among these are agoraphobia, a fear of crowds:
Quote:
The pain and suffering was caused by the defendant, Sony, banning the plaintiff's account on the PlayStation 3 Network, in which the plaintiff relies on to socialize with other people, since it's the only way the plaintiff can truly socialize since he also suffers from Agoraphobia...
Estavillo's issues with SCEA apparently stem from his play of the PS3 hit Resistance: Fall of Man:
Quote:
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...
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...
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...
Estavillo also claims that the PSN ban amounts to a theft of his pre-paid points:
Quote:
The plaintiff...cannot access [his] money when a moderator from Resistance and Sony gives a player a arbitrary wide-range ban... which in essence, is stealing money from the player...
Estavillo also argues that the EULA for online play of Resistance is ineffective in blocking players under the game's recommended age of 17, although it's unclear how this fits into his claim.
In his request to the court, Estavillo, who appears to be unrepresented, asks that SCEA be enjoined from banning players. He also seeks $55,000 in punitive damages.
To date, SCEA has not filed a response with the Court. GamePolitics has requested comment on the lawsuit from SCEA.
Also, because it's relevant and not in the article (aside from the last):
The list of ailments he's claiming under "pain and suffering" wrote:
Obsessive-Compulsive Disorder, Panic Disorder, Major Depression, Crohn's Disease and Agoraphobia
(Specifically, he's saying that those have been exacerbated by the ban.)
Okay, let's point out where he's wrong, deluded, or otherwise an moran:
1) The First Amendment claim. Just because it's somewhere at least nominally public, like the Internet, does not mean you get to say what you want.
2) If they can't ban players, how are they supposed to get rid of the guy who keeps pos-hacking to shoot you in the back of the head?
3) Resistance is the only way he can socialize with other people? Has he never heard of other forums, or IRC?
4) Panic attacks, okay. Crohn's, maybe (I seem to recall we have someone around here with it who could confirm one way or the other). OCD... uh-huh. Depression... the fuck? Agorapho--NO. Being unable to play your game does not make your basement-dweller's syndrome worse.
This guy is either a complete toolbag, or the world's greatest RL troll ever.
