[TheGrandMom]

Gamer Sues Sony over First Amendment | NBC Bay Area

"What happens when you take away someone’s video games? You might get sued.

A San Jose, Calif., man is suing Sony, claiming the company violated his first amendment rights when they banned him from playing the PlayStation 3 game "Resistance" for something he may have said while communicating with other players.

Erik Estavillo, who says he suffers from agoraphobia, a fear of crowds and public places, depends completely on the PlayStation game for social interaction.

But Sony occasionally bans users from the on line gaming system when they engage in inappropriate behavior. Estavillo admits that he was doing some “trash talking” while playing "Resistance," but says that virtually everyone who plays the game participates in the same language and he is unsure as to why he was singled out.

Estavillo was issued three warnings before having his account permanently locked. He says he can't remember exactly what he said to set off the Sony banners the final time, although he encourages those interested to visit his YouTube page where he discusses his ailments with Sony in detail.

“I can’t really go outside,” said Estavillo. “On the game, I met a lot of people I liked, and a lot of people that liked me. When they cut me off, I couldn’t talk to those friends anymore.” One of those friends is gamer BarbieGirl, who Estavillo says he views as a sister.

Estavillo, 29, cited a number of mental disorders in his filed complaint against Sony on July 6, which claimed the ban "has caused pain and suffering to an already disabled plaintiff."

“[Because of my health], I need all the support I can get. This game is how I communicate with people,” he said.

He is suing on four counts of unlawful behavior, one being the violation of his first amendment rights and another on counts of theft. Estavillo claims he has money in the videogame’s store, which is inaccessible to banned users.

Estavillo is demanding $55,000 in punitive damages as well as "pain and suffering damages."

Sony has yet to respond to the suit."

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SERIOUSLY!? YOU break the rules by being an asshole, you are warned MULTIPLE times to knock it the f**k off, and you keep doing it anyways and sue when you finally get banned. More proof of the clogging of our legal system with crap!

[Sabaron]

I think I just fell out of my chair and swallowed my tongue from ROFL...

What a douchebag!

(Don't ban me. ;;o.o)

[Feba]

Instantly thrown out; when you're using a company's website (or chat channel, or game, or other digital communication), the company has control over that. They can treat your communications pretty much however they want. Just the same as if you're going around yelling at people in Wal-Mart, you'll get your ass kicked out. First Amendment is a government thing, buddy.

On a personal level, to twist a phrase, those who live in isolated houses shouldn't throw stones at their utilities.

I'm sympathetic to his plight, but then I'm not acting like enough of a douchebag to get myself banned from anywhere I need to have access to to communicate with friends-- and I certainly don't have ONE SINGLE LINE OF COMMUNICATION with anyone who matters a bit.

[Aksannyi]

Originally Posted by TheGrandMom

One of those friends is gamer BarbieGirl, who Estavillo says he views as a sister.

Yeah, I believe that. Just like I believe that you don't totally want to put it in her butt. Riiiiiiiiiiiight.

[Akashimo]

Originally Posted by Aksannyi

Yeah, I believe that. Just like I believe that you don't totally want to put it in her butt. Riiiiiiiiiiiight.

Its possible.

[Balfree]

Oh god.

What's with all the suing lately?

[Omgwtfbbqkitten]

As one who suffers from an anxiety/mood disorder (along with a potpourri of seemingly random symptoms when I go off the meds), I have to say this guy has (1) probably done nothing on the treatment end to address his issues and (2) made no progress in correcting various behaviors himself.

While games are a social activity and that's all well and good, to really overcome part of the problem is to socialize with people or even talk to a pet that is physically there near you. I can cry on the shoulder of a friend online, but after that's done, they're not really there for you outside of listening. There is something very real and effective about the people that are actually around you. I can't explain it other than after I stopped living alone, I made a lot of personal progress. Maybe part of it is having people there that depend on you. Doctors say those that are mentally ill have a better chance at recovery when people are there for them.

So this is ultimately just another petty lawsuit. If he was really mentally ill and seeking any kind of real treatment, he wouldn't be doing it through a PS3.

[Feba]

The thing is BBQ, the mentally ill don't always seek treatment. Agoraphobics, I would imagine, especially so. I doubt many psychologists make house calls.

Talking to people online would be more of a coping mechanism than a treatment.

Originally Posted by Aksannyi

Yeah, I believe that. Just like I believe that you don't totally want to put it in her butt.

You do realize that it's possible to have non-platonic feelings about someone you generally think of as a sibling, right?

[WovenDarkness]

Originally Posted by Omgwtfbbqkitten

So this is ultimately just another petty lawsuit. If he was really mentally ill and seeking any kind of real treatment, he wouldn't be doing it through a PS3.

qft

...."I need all the support I can get."

I wonder if that's self-diagnosed.

[Karinya]

Originally Posted by Balfree

Oh god.

What's with all the suing lately?

In a country of 300 million people, if the media want to find one person with a stupid lawsuit that won't last 5 minutes, and then scream "ZOMG we're being overrun by stupid lawsuits!", they can. It seems like their favorite hobby anytime a celebrity isn't dying, getting divorced, or losing their clothes in public.

This is about as much of a threat to the legal system as a kitten is a threat to Godzilla.

[WovenDarkness]

Originally Posted by Feba

The thing is BBQ, the mentally ill don't always seek treatment. Agoraphobics, I would imagine, especially so. I doubt many psychologists make house calls.

Talking to people online would be more of a coping mechanism than a treatment.

The agoraphobia might not drive him to treatment, but the anxiety disorder might.

[Elwynn]

INSTA-FAIL.

The First Amendment only applies to the US Government.

It is impossible for Sony, or any other private company or person, to violate your First Amendment rights.

How did this even get far enough to become slightly newsworthy?

Mucking Forons.


Of course you can sue for anything, and receive a default judgement when the other guy doesn't show up, whether or not you're right. And they still have to pay their own legal bills, unless you somehow really piss off the judge.


And Sony isn't even trying to claim "common carrier" status, so don't go trying that one next when you and your frivolous lawsuit get thrown on your ass.

[AutonomousMarkings]

Day in court goes as follows: Douche bag's attorney makes his case on behalf of his client. No sony representation is present other than a bicycle courier. When asked for sony's defense, courier delivers TOS to judge. Judge's left eyebrow raises significantly higher than the right as he turns to address douchebag, "Really? You're here to sue Sony because you breached their contract? Really? I've read the first 1% of the TOS and I imagine you just being here today is a further breach of contract. I rule in favor of the defendant. GTFO of my court room and go home and wait for sony to send you a subpoena. Cross your fingers they dont." Gavel slamage.

[Durahansolo]

Originally Posted by AutonomousMarkings

GTFO of my court room and go home and wait for sony to send you a subpoena. Cross your fingers they dont." Gavel slamage.

Judge Mills Lane?

[Malacite]

Originally Posted by Aksannyi

Yeah, I believe that. Just like I believe that you don't totally want to put it in her butt. Riiiiiiiiiiiight.

And the cake is a lie =3


>:3


Seriously, you agreed to the ToS so tough shit buddy...