PS3 owner sues Sony after being banned from PSN
- Posted July 21st, 2009 at 21:13 EDT by Adam Dolge
- 9,525 views
- 152 Comments
The online gaming community can sometimes be a bit harsh, and one PlayStation 3 owner was apparently a bit too excessive for Sony’s liking. The player was banned from the PlayStation Network for his behavior while playing Resistance: Fall of Man and now he is fighting back with a lawsuit against Sony.
Erik Estavillo of San Jose, California believes the ban goes against his First Amendment rights. In court documents acquired by GamePolitics, The UCLA alumni is said to suffer from panic disorder, depression, Crohn’s disease, and obsessive-compulsive disorder. Estavillo’s ban has caused him “pain and suffering” because the PS3 is “the only way the plaintiff can truly socialize since he also suffers from Agoraphobia.” The documents reveal that he is seeking $55,000 from Sony for his pain and suffering.
He is also accusing Sony of stealing money from users by blocking access to PSN cash acquired through PSN Redeem Cards once a user is banned from the network. Of course, Sony’s PSN user agreement clearly outlines that if your account is terminated for any reason, you will not get any kind of refund.
It will be interesting to see how this case plays out. Do you think Estavillo has a case against Sony given his medical conditions?
Comments
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BirdPlayer |
BirdPlayer- 9:19pm BST - July 21st, 2009
- 7
hahahahahahahahahahahahahahahaahhaha. too funny. i dont think it will stand in court.
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ohshutyourmouth |
ohshutyourmouth- 9:30pm BST - July 21st, 2009
- 13
thats becuase hes secretly an microsoft employee
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residentevilrocks91 |
videogameman6- 9:33pm BST - July 21st, 2009
- 14
I highly doubt hes gonna win a lawsuit against sony. If he does ill be shocked
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unicron7 |
Stewad- 9:34pm BST - July 21st, 2009
- 15
I normally am all for free speech and non censorship....but I get the feeling this guy was being rude and abusing people online with name calling(irritates me to no end in shooters. People throw around homophobic lingo like it is going out of style). Now if he got booted for voicing his opinion on a non offensive subject or put down anothers opinion without using profanity....no harm. He should get the money. But I HIGHLY HIGHLY doubt that was the case.
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ReZerO |
ReZerO- 9:37pm BST - July 21st, 2009
- 16
what is he trying to get sympathy due to his conditions or something? i don't see how any of those could relate to the case.
i'm quite happy here in Canada you have to prove monetary loss in order to sue, and with that you can only sue for the loss, as it should be, none of this "pain and suffering" crap, ok if there is pain and suffering where are the therapists bills? that would be a monitary loss to sue for. lol
i'm sure he'll fail.
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whatisdelicious
- 9:49pm BST - July 21st, 2009
- 20
He's a special case. If he's got Tourette's, for example, and cursed at everybody, then unfortunately, that's his problem. He needs to take his conditions into consideration when he logs on and maybe, you know, turn his mic off, and refrain from sending messages to people.
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GranTurismoOwnsPs3
- 9:51pm BST - July 21st, 2009
- 22
Can't you guys see it ? GAH ! $ 55 000 dollars ? he obviously got himself banned . Come on people, use your brains !
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psmgamer |
Demonhunter84- 9:52pm BST - July 21st, 2009
- 23
I really like to know what he said online like if he abused people or used profanity to get banned cause if its either of those two then Sony has the right to ban for whatever reason since there is no such thing as freedom of speech when your playing on PSN. Sony owns PSN so you can pretty much do whatever they want and enforce the rules but as for Estavillo asking for money its kinda seems like he wants to cash in his pain and suffering and I would be surprised if he ended up winning but it could end up with Sony winning as they probably have good lawyers.
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Krispavera |
Krispavera- 9:57pm BST - July 21st, 2009
- 26
He broke the rules and got banned, it's not Sony's fault he's afraid of the real world.
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jinsoo
- 10:07pm BST - July 21st, 2009
- 34
The First Amendment Rights only apply in a public space. PSN is a private network and when he signed up, he agreed to Sony's rules which includes him not doing whatever he did to get himself banned. He sounsd like he needs to get some serious help instead of trying to get back onto PSN where he'll probably keep up his anti-social behavior and just make his condition worse.
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dwightkshrute |
IAMTHECAVALRY- 10:34pm BST - July 21st, 2009
- 39
even if he's banned from the network, he can still play his games, like resistance story mode or co op with a buddy on his couch or something.
i think sony will have amazing lawyers though. I also believe in the USA, everyone is considered equal, men and women, if sony treated people differently and conditionally, sony would have way more lawsuits, about equality
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PTearGriffin0123
- 10:37pm BST - July 21st, 2009
- 41
He is just a loser trying to get some money. I mean one thing is: if he is still playing FOM, then that means he can't afford Resistance 2, so obviously its money. And I have never heard of a PS3 of being any kind of medical treatment....
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masonmcglasson
- 10:45pm BST - July 21st, 2009
- 46
I hope Sony destroys this kid in court. Then sues him for waisting their time and causing them stress and frustration.
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njc3190
- 11:02pm BST - July 21st, 2009
- 48
@ 34 Yeah exactly, that should be the statement Sony makes in court against the guy.
It's obvious Sony aren't in the wrong. What a moron! I seriously don't buy that the PSN is the only way the guy can socialise, even with a medical condition.
And why doesn't he stop whining about his 'pain and suffering' and just make a new account? More likely that he threw a tantrum about his ban and smashed up his console in a fit of rage and is suing Sony to afford a replacement.
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