Court Dismisses PSN Banning Lawsuit

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Court Dismisses PSN Banning Lawsuit

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Ruling that PSN "isn't a company town or otherwise a state actor subject to First Amendment obligations," a judge has dismissed a lawsuit filed against Sony in July for banning a gamer from its online service.

Back in July, an agoraphobic gamer named Erik Estavillo sued Sony on the grounds that his banning from PSN violated his First Amendment rights of free speech, and caused him undue harm due to the fact that he was scared of crowds and could not properly interact with people offline.

Last week, Judge Ronald Whyte of the Northern District of California court system summarily dismissed Estavillo's claims, saying that since the PSN service wasn't a "company town" or any analogous entity, it was not held to the First Amendment obligations in the same way a state-owned body would be. "There is no indication that Sony has assumed functions traditionally reserved to the government, or that the government had any part in encouraging Sony to create the Network," said Whyte.

It really isn't a surprising verdict - what's surprising is that it wasn't thrown out sooner - and so unfortunately, Mr. Estavillo must face the facts sooner or later. Hey, he could always try Xbox Live, right?

(Technology and Marketing Law Blog, via Gamasutra)

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It's annoying how these people expect such frivolous, self-important lawsuits to make it through court. Sure you're "disabled" but by no means does that mean you're entitled to play games on PSN. Entitlement is a terrible defense to use in court.

yeah colour me shocked

this doesn't really surprise me that much. i'm just glad the judge had the sense to toss it out of court before it went too far

"I NEED TO INTERACT ON THE INTERNET. I shall do so by being rude and abusive enough to get myself banned."

This reminds me of the case where a lesbian was banned from xbox live for stating that she was, in fact, a lesbian. Some mad rules on the online gaming community.

METC:
wow...

Double Post ftw?
OT: Well, what did he do to get banned then...

Hooray! Maybe this can be used as a precedent for the ammount of jackasses that hide behind their precious "freedom of speech". :D

Amnestic:
"I NEED TO INTERACT ON THE INTERNET. I shall do so by being rude and abusive enough to get myself banned."

\
Exactly what I was thinking. He MUST have been pretty awful. I've trolled Home with the best of them and never received moderator wrath.

All I have to say is that the world is too full of self-entitled fuckwits, and one of them just got teabagged by the courts. Kudos!

Smart Judge.

Stupid guy.

Man I love the internet.

Distorted Stu:
This reminds me of the case where a lesbian was banned from xbox live for stating that she was, in fact, a lesbian. Some mad rules on the online gaming community.

I remember that. Thought it was weird.

Well apparently he's a nob online so it's just as well he doesn't interact in the real world all too much.

I survived birth so therefor I am entitled to anything I want.

GOOD.
Is it their fault that he's a prick? I mean really.

Amnestic:
"I NEED TO INTERACT ON THE INTERNET. I shall do so by being rude and abusive enough to get myself banned."

Nuff said to be honest, Being agoraphobic does not exclude you from the rules that Sony has placed on it's on system...ya know?

Aahaha now he has to pay the court fees. In the words of Red Foreman: "What a dumbass".

I commented on this before. Chances are the right thing was done here for the moment.

However it does raise some interesting questions about what the future might hold, especially if say The Internet, Direct Downloads, etc... becomes as indespensible as a lot
of people want and think is going to happen. Then, a company like Sony or any ISP being able to actually deny service to someone for something they simply do not like could be... interesting especially with the amount of power it would give them.

I like to make friends over the internet by being offensive towards them(!)

Well thank goodness somebody in the justice system has some sense, however I feel there is a valid concern about the price one pays in terms of digitally distributed content they'd no longer be able to access. On the other hand with that Sword of Damocles hanging over the heads of users, maybe people would be a bit more civil lest they lose games.

...course this is the Internet, where such things are not possible.

Sgtkillalot0:

METC:
wow...

Double Post ftw?
OT: Well, what did he do to get banned then...

Yeah, I accidentally double posted, due to my inability to use the edit button properly. Whoops!
Also, the one who reported me was me. How weird is that?

Well, glad the court system did thiss. Frivolous lawsuits suck.

Does this finally set a new precedent that companies are not people and should not be allowed protection as a person under the constitution?

Thank goodness. I was a bit worried that nimrod might actually win and completely screw the online aspect of consoles. Glad to see the madness has ended.

The sad part is that this guy probably doesn't even have any mental "disabilities." He couldn't get a girlfriend in high school, so he doesn't want to go outside anymore, because people might be mean to him. :(

Then again, I suppose it's perfectly possible for someone with a social phobia to be a complete and total dick.

Good, the asshole will learn to value people and things more.

This guy should read the text of the First Amendment and possibly figure out that a corporation cannot violate it.

About time this one got settled. Pity it took so long.

Just goes to show, If you act like a jerk, you will get banned, NO EXCEPTIONS!

Agoraphobic. Uh-huh. It wasn't just an idiot being bitter about getting banned because of something stupid he brought upon himself.

Oh well. At least it was dismissed.

Therumancer:
I commented on this before. Chances are the right thing was done here for the moment.

However it does raise some interesting questions about what the future might hold, especially if say The Internet, Direct Downloads, etc... becomes as indespensible as a lot
of people want and think is going to happen. Then, a company like Sony or any ISP being able to actually deny service to someone for something they simply do not like could be... interesting especially with the amount of power it would give them.

Ahh... but the internet started as a government supported program. Without the US government, it's military in particular, there would be no internet. This would raise a really good judicial pondering if ever it went to court.

He better not come to Live.

Or I will kick some serious annoying scared wimp ass in Halo.

The Bandit:
The sad part is that this guy probably doesn't even have any mental "disabilities." He couldn't get a girlfriend in high school, so he doesn't want to go outside anymore, because people might be mean to him. :(

Then again, I suppose it's perfectly possible for someone with a social phobia to be a complete and total dick.

I'm glad the case got thrown out, but that seems like something of an unfair assumption. Agoraphobia is a very real thing.

vivaldiscool:

The Bandit:
The sad part is that this guy probably doesn't even have any mental "disabilities." He couldn't get a girlfriend in high school, so he doesn't want to go outside anymore, because people might be mean to him. :(

Then again, I suppose it's perfectly possible for someone with a social phobia to be a complete and total dick.

I'm glad the case got thrown out, but that seems like something of an unfair assumption. Agoraphobia is a very real thing.

I knew this would happen.

Point out anywhere in my post that says agoraphobia is a fake disease. Please. Go for it.

CptCamoPants:
I survived birth so therefor I am entitled to anything I want.

>.>...this pretty much

Mrsnugglesworth:
He better not come to Live.

Or I will kick some serious annoying scared wimp ass in Halo.

he wouldn't last long lol

People like thse shouldn't be allowed to be online.
And I hope to God he doesn't go onlin eon Xbox Live because obviously this self-righteous bastard shouldn't be allowed to further ruin the online experience for others - which is the reason why he got banned from PSN in the first place.

People like this shouldn't be allowed near a computer, a console or even people.

vivaldiscool:

The Bandit:
The sad part is that this guy probably doesn't even have any mental "disabilities." He couldn't get a girlfriend in high school, so he doesn't want to go outside anymore, because people might be mean to him. :(

Then again, I suppose it's perfectly possible for someone with a social phobia to be a complete and total dick.

I'm glad the case got thrown out, but that seems like something of an unfair assumption. Agoraphobia is a very real thing.

I think that Bandit was suggesting that Mr. Estavillo was faking the agoraphobia as a legal maneuver to get the ban lifted, not that agoraphobia isn't real.

You also have to keep in mind that Estavillo used to keep a YouTube collection of his griefing before the lawsuit, wherein his misbehaviour was plain to see and not obviously the result of what would come under the legal category of "mental defect". The *blam!*tard was plainly in it to inflict suffering upon others and not to interact in any meaningfully social manner... Sony was clearly within their rights to boot him off of their network, just as any theatre employee can haul a noisy jerk out of a show (without refund) to protect the experience of everyone else in that theatre.

-- Steve

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