Brilliant. As if frivolous lawsuits and willful misinterpretation of the idea of free speech wasn't getting bad enough, here comes Erik Estavillo of San Jose, a man who is taking Sony to court because he got banned from Resistance's online multiplayer.
He claims that SCEA has suppressed his free speech, and that the ban has caused "pain and suffering" in the young man's life. He alleges that, since he suffers from agoraphobia, the PlayStation Network is one of his few ways of socializing. Conveniently, it's not yet been made clear exactly what Estavillo said to get banned.
"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," states the claim. "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 ..."
He has also accused Sony of theft, since he can't access his pre-paid funds when banned from PSN. For this, he seeks $55,000 in damages. Sony has yet to respond, but it's a shame that such a pathetic lawsuit got this far. I'll be following this one with great interest, either way. It's too ridiculous to ignore.
Contest:
5:40 PM on 07.21.2009
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So this kid needs to STFU
Plus, he signed an End User Agreement, which says he can't be a total douche or he'll be banned.
This'll get thrown out, easy.
I really want to know what he said. Also, all the people he clearly insulted should sue HIM for pain and suffering, because he probably made multiple derogatory comments about their mothers.
And, lastly, if this works I'm going to get banned and TOTALLY sue Xbox. I could use a cool 55 grand.
This guy better not get far with this....and.. agrophobic.. why? He won't even leave his home! Yet alone goto a court room!
PACO SMASH!!!
I'm more than certain that this kind of thing is covered by the EULA and this lawsuit is gonna get about as far off the ground as a rock buried under 20 tons of industrial concrete. Plus, the 1st Amendment preserves the right of free speech primarily against government intervention.
I bet he's hoping Sony will at least settle out of court. I hope they go to court and he ends up stuck with x2 attorney bills and court fees.
i hope that guy gets eaten by a chimera
LOLFONDU's comment bears repeating: So this kid needs to STFU.
Truthfully though, I'd like to hear the arguments before I pass judgment in regard to its frivolity. The only thing you can ever know is that you don't know.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Key word here is CONGRESS. Congress cannot make any law that abridge freedom of speech. Sony is not congress.
2. COMMUNITY CODE OF CONDUCT
When you participate in the PSN online community, you must act reasonably and with common sense. You must respect the rights and privacy of other members of the community and any particular rules applying to any area. In particular, you must not:
* abuse or harass others, including but not limited to stalking or bullying;
* take any action, or upload, post, stream or otherwise transmit any content, language, images or sounds in any forum, communication, public profile, Online ID or otherwise via PSN which we in our sole discretion find offensive or vulgar. This includes any content or communication that we find racially, ethnically, sexually or religiously offensive, defamatory or threatening;
11. TERMINATION/CANCELLATION
If we believe that you are in breach of any of these Conditions or any other terms of service or agreements connected with PSN (including any Additional Conditions), we may take all actions to protect our interests, including terminating or suspending your account and your access to all or any part of PSN, including any third party services and online game features, removing content, implementing upgrades or devices intended to discontinue unauthorised use, or other steps as reasonably necessary to protect ourselves and to prevent the unauthorised use of content or unauthorised exploitation of PSN. We will not refund the cost of any purchased content or services, or redeem any unused PSN wallet funds, on termination or suspension of your account for these reasons.
We reserve the right to bring legal action against you if you are in breach of these Conditions and to participate in any government, criminal or private legal action or investigation relating to your conduct on PSN.
We reserve the right to temporarily or permanently discontinue PSN and any and all services and content available through PSN at any time, including for service maintenance and upgrades. If PSN is permanently discontinued, Master Account holders will be able to obtain a refund on request for unused wallet funds and unused portions of subscriptions.
It's not just the fact that Sony isn't a government entity, it's that PSN is not a public forum. Regulation of speech by a private entity would still be impermissible if it attempted to control speech in a public space. Here, Sony is merely regulating its private digital space. This guy has no shot in hell.
Sony mods are like little hitlers.
If you say something on the Sony forums that they don't like then you should just get kicked off the forums, not banned from PSN outright.
Most likely scenario: This case becomes an attempt to argue the enforceability of the EULA in part or as a whole. The initial outcome would depend largely on the jurisdiction the case is heard in. Without knowing what he said, it's difficult to know how the case would end, though he would likely still lose in the end.
With facts like these, the goal was never to "win," it was to get a settlement.
R O F L M A O
L O L
a laughing haiku for the situation.
What the hell man?
Is Discount Stan gonna hafta choke a bitch?
(united states of sony, republic), people ban the network.
Btw i live near San Jose, California
Has he tried THE INTERNET?
Also, I'm kinda lost when it comes to american law, but don't the amendments primarly give citizens rights towards the state?
But they didn't and it's not Sony's fault that he's scared of the outside - fucking loser.
It's been said before and it'll be said again - READ YOUR EULA Dickhead.
Just some of the words that instantly sprang to mind upon encountering this dribbing retardery...not to mention the rather simple fact that he must have been going some to get banned in the first place, which kind of renders his ENTIRE FUCKING CASE null and void from the kick-off.
Yep, stupid people are stupid, all right.
So, if Sony has a child pornography ring set deep in PS Home, it's ok... because they are a private corporation?
Hyperbole aside... if companies want to operate inside China, they have to follow China's laws (censorship and whatnot). If they operate inside the US they should follow our laws.
But hey, if you guys want to live under Sony's idea of international law, that's cool. Lets see if they follow the Geneva Convention in the impending Microsoft/Sony war for supremacy.