It's pretty difficult to get banned from the PlayStation Network. You have to be a total jerk-face to get booted off PS3's online community. However, that's what Erik Estavallo managed to do whilst playing Resistance. With access to the game cut off, Estavallo decided to take part in the most appropriate action possible: a lawsuit.
Estavallo argues that a ban from the PlayStation Network goes against his First Amendment rights. "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," a court document retrieved by GamePolitics reveals. This, in turn, has caused "pain and suffering" because the PS3 is "the only way the plaintiff can truly socialize since he also suffers from Agoraphobia."
Estavallo is asking for $55,000 in punitive damages and demands Sony no longer implement bans of any sort. He alleges that "PlayStation 3 is the only system that incorporates this type of wide-ranged ban. As where Nintendo does not ban customers at all. And Microsoft Xbox rarely bans."
Reader Comments (328)
Posted: Jul 21st 2009 8:03PM (Unverified) said
One less punk racist shouting racial slurs in my headset! Good riddance! That is so annoying.
Posted: Jul 21st 2009 8:23PM (Unverified) said
In order to comply with the Americans with Disabilities Act, they're going to have to hold court in Playstation Home for him.
Posted: Jul 21st 2009 8:25PM Ozirus33 said
Sony's PSN is a privately owned network. And more importantly: one you don't pay for such as Xbox Live. End of Story. They can do what they want.
Fucking pussy.
Fucking pussy.
Posted: Jul 21st 2009 8:35PM (Unverified) said
A lawyer friend of mine once said. "In America any idiots with 200$ can file a lawsuit... God I love this Country!" lollll
Posted: Jul 21st 2009 8:39PM euxneks said
Protip: Don't be an asshole in online games, and you won't get banned. It's really quite simple.
Posted: Jul 21st 2009 8:41PM kevin949 said
hooray for people thinking that freedom of speech applies to a 'registrant only' accessible forum!
When will people learn that the neat little thing you agree to before playing a game online or utilizing just about every open forum (otherwise known as an end user license agreement) is the exact thing that keeps companies from getting sued over stuff like this.
Lulz at dude getting butt-hurt for being banned because of breaking the rules.
When will people learn that the neat little thing you agree to before playing a game online or utilizing just about every open forum (otherwise known as an end user license agreement) is the exact thing that keeps companies from getting sued over stuff like this.
Lulz at dude getting butt-hurt for being banned because of breaking the rules.
Posted: Jul 21st 2009 9:09PM shadowskill11 said
This idiot signed a Terms of Service contract before getting on PSN for the first time and he is doing one of the dumbest things you can do in the United States. He is representing himself in court. This case will be over during the initial hearing when he gets a new one ripped into him by the judge.
Besides, a better question is why he got banned in the first place. I for one am glad to have one less dick on PSN. Let him go to XBox Live where they normally congregate.
Besides, a better question is why he got banned in the first place. I for one am glad to have one less dick on PSN. Let him go to XBox Live where they normally congregate.
Posted: Jul 21st 2009 9:27PM (Unverified) said
All I can say to Estavallo is:
QQ
Posted: Jul 21st 2009 9:52PM LonnieDVD said
I wish I could be in court when this idiot presents his case.
Posted: Jul 21st 2009 11:40PM (Unverified) said
This is probably the best motivation I've had to pick up a PS3.
I've avoided the x-box 360 primarily because of the drooling morons on x-box live. If this is how Sony runs their ship, I'm impressed.
Think I'll start checking out PS3 prices and games this weekend.
I've avoided the x-box 360 primarily because of the drooling morons on x-box live. If this is how Sony runs their ship, I'm impressed.
Think I'll start checking out PS3 prices and games this weekend.
Posted: Jul 21st 2009 11:47PM (Unverified) said
I got banned from the playstation.com forums for critiquing "HOME" and giving some feature ideas, or complaining about features that I assumed would be a given.
Posted: Jul 22nd 2009 12:40AM OZJD said
Are you having trouble being understood bud_toker_13?
Why do people never seem to discuss the important issues you raise?
Do you feel like your constantly being ignored?
Then you need the power of The English Language!
Turn unintelligable garbage like this, "the firs adminmint gives you the right to say what you want but its not a free pass to not get in truble for it ya you can say anything but you still need to use good judgmint cus what you say can come back to bite you just look at every thing bush sed whal in office he had the right to say it but now he looks like a idiot becus of it ya i can say the 7 noghty words on the psn but that dont mean im eximpt from a ban"
Into easily understandable English like this.
"I'm seven and live at home wiff mummy"
Why do people never seem to discuss the important issues you raise?
Do you feel like your constantly being ignored?
Then you need the power of The English Language!
Turn unintelligable garbage like this, "the firs adminmint gives you the right to say what you want but its not a free pass to not get in truble for it ya you can say anything but you still need to use good judgmint cus what you say can come back to bite you just look at every thing bush sed whal in office he had the right to say it but now he looks like a idiot becus of it ya i can say the 7 noghty words on the psn but that dont mean im eximpt from a ban"
Into easily understandable English like this.
"I'm seven and live at home wiff mummy"
Posted: Jul 22nd 2009 12:42AM OZJD said
bud_toker_13 I'm not after gramatic and spelling perfecion mind you (just look at my own post), but damn it man you could at least try!
Posted: Jul 22nd 2009 3:48AM Darkdrium said
You should try using Firefox and install dictionaries. Then, type in the words as best you can, without abbreviations. Those highlighted in red like in Office/Word will have mistakes, just right click them and you will get suggestions, just like in Office/Word.
Helps me when I'm writing in English :)
Helps me when I'm writing in English :)
Posted: Jul 22nd 2009 3:58AM (Unverified) said
I dont even know why this could be considered to be news......drop that shit and move on lol he has no argument
Posted: Jul 22nd 2009 7:37AM golobulus said
tough shit, asshole. psn is no place for your shite. and you should know that we have no more rights. pay more attention to what governments are doing behind your back.
Posted: Jul 22nd 2009 9:26AM Walo said
hahahaha what a load of claptrap lol.
Posted: Jul 22nd 2009 10:40AM (Unverified) said
Seriously.. If he's beeing such a bitch about it, why isn't he just switching to Xbox or Wii already? He already sounds like a Wii/X360-fanboy in disguise - so what's he sticking around for?
Posted: Jul 22nd 2009 10:53AM Mwendel said
Posted: Jul 22nd 2009 10:56AM Mwendel said
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;
* organise hate groups or use or promote hate speech;
* cheat or engage in deceptive, fraudulent or misleading practices, including phishing for other users' account details or unauthorised use of another user's account or another person's credit card or billing information;
* use any unauthorised hardware or software to access or use PSN or make, or distribute unauthorised software or hardware in conjunction with PSN (including but not limited to cheat code software or devices that circumvent any security features or limitations included on any software or devices);
* modify or attempt to modify the online client, disc, save file, server, client-server communication, or other parts of any game title or other content;
* cause disruption to any account, system, hardware, software, or network connected to PSN for any reason, including to gain an unfair advantage in a game;
* bypass or attempt to bypass any user authentication systems or security feature;
* attempt to hack or reverse engineer any code or equipment in connection with PSN (unless permitted by applicable law);
* take any action that we consider to be disruptive to the normal flow of chat or gameplay, including uploading, posting, streaming or otherwise transmitting unsolicited or unauthorised material, including junk mails, spam, excessive messages or chain letters;
* use PSN in any way for commercial purposes, unless expressly authorised by us (including without limit introducing commercial content or services such as advertisements, solicitations, promotions of goods and services and links to web sites);
* introduce content that could be harmful to us, our licensors or other users, such as any virus, worm, spyware, time bomb or other code that may damage any property or interfere with the use of any content or PSN;
* access, use, post, stream, transmit or distribute any content or material that you know or should have known to be pirated or infringing any third party rights, any law or regulation, or contractual or fiduciary duty;
* impersonate any other person (famous or otherwise), including another user, our employee or employee of any third party company;
* provide us or any third party company with false or inaccurate information, including reporting false complaints to our customer services or providing false or inaccurate information during account registration;
* engage in any activity to gain access to or interfere with any unauthorised account, system, hardware, software, or network connected to PSN;
* sell, buy, trade or otherwise transfer your online ID, your personal access to PSN or any content or services accessed via PSN, through any means or method, including use of web auction sites;
* do anything illegal or in breach of applicable laws;
* use PSN in any way that harms us or any of our affiliates, subsidiaries, licensors, service providers, partners or users; or
* otherwise misuse PSN.
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;
* organise hate groups or use or promote hate speech;
* cheat or engage in deceptive, fraudulent or misleading practices, including phishing for other users' account details or unauthorised use of another user's account or another person's credit card or billing information;
* use any unauthorised hardware or software to access or use PSN or make, or distribute unauthorised software or hardware in conjunction with PSN (including but not limited to cheat code software or devices that circumvent any security features or limitations included on any software or devices);
* modify or attempt to modify the online client, disc, save file, server, client-server communication, or other parts of any game title or other content;
* cause disruption to any account, system, hardware, software, or network connected to PSN for any reason, including to gain an unfair advantage in a game;
* bypass or attempt to bypass any user authentication systems or security feature;
* attempt to hack or reverse engineer any code or equipment in connection with PSN (unless permitted by applicable law);
* take any action that we consider to be disruptive to the normal flow of chat or gameplay, including uploading, posting, streaming or otherwise transmitting unsolicited or unauthorised material, including junk mails, spam, excessive messages or chain letters;
* use PSN in any way for commercial purposes, unless expressly authorised by us (including without limit introducing commercial content or services such as advertisements, solicitations, promotions of goods and services and links to web sites);
* introduce content that could be harmful to us, our licensors or other users, such as any virus, worm, spyware, time bomb or other code that may damage any property or interfere with the use of any content or PSN;
* access, use, post, stream, transmit or distribute any content or material that you know or should have known to be pirated or infringing any third party rights, any law or regulation, or contractual or fiduciary duty;
* impersonate any other person (famous or otherwise), including another user, our employee or employee of any third party company;
* provide us or any third party company with false or inaccurate information, including reporting false complaints to our customer services or providing false or inaccurate information during account registration;
* engage in any activity to gain access to or interfere with any unauthorised account, system, hardware, software, or network connected to PSN;
* sell, buy, trade or otherwise transfer your online ID, your personal access to PSN or any content or services accessed via PSN, through any means or method, including use of web auction sites;
* do anything illegal or in breach of applicable laws;
* use PSN in any way that harms us or any of our affiliates, subsidiaries, licensors, service providers, partners or users; or
* otherwise misuse PSN.
Posted: Jul 22nd 2009 11:22AM guskof said
Dear Sony (and XBL for that matter),
Please ban more douche bags from your service. D-Bags are the only reason I refuse to pay for XBL- if there were no d-bags on XBL, I would pay money to use it. The only reason I use (and prefer) PSN is because it's free. I will not pay a company to be called a faggot by a 10 year old.
Please ban more douche bags from your service. D-Bags are the only reason I refuse to pay for XBL- if there were no d-bags on XBL, I would pay money to use it. The only reason I use (and prefer) PSN is because it's free. I will not pay a company to be called a faggot by a 10 year old.
Posted: Jul 22nd 2009 11:33AM (Unverified) said
crazy kook!
Posted: Jul 22nd 2009 11:42AM (Unverified) said
Way to go sony get these foul mouth,racist,trash talkers,cheaters and loud mouths off PSN and i hope xbox live does the same thing.
Posted: Jul 22nd 2009 1:19PM (Unverified) said
I think this goes for anyone playing online. Have respect for other people.. You wouldn't like it to much if other people trash talked you all the time.. or maybe you would if your a douche like this kid.. Serves him right..
Posted: Jul 22nd 2009 2:27PM Duke said
Chrome spell checks as well. Also, don't be mad at someone for pointing out that your post was uninteligible just because you know you have a disability. How would they have known that? Be realistic.
Posted: Jul 22nd 2009 3:19PM BanditKing said
You know if I thought this case would hold water I would be seriously mad at this guy, but whatever lawyer took this case after hearing this guys story is a real moron,he probably had to have a phone conference since hes afraid of the outside world. Seriously agoraphobia? What a freak, I would be dying of laughter if not for how sad it is. Hows he going to show up for court? Whats the Judge going to do come to his "Command Center" LOL! This is the best part about the PSN since no one pays for it Sony has more control over what designates being banned, unlike Live where the biggest JO's are it's biggest supporters. Either way no one on PSN or on XBL should have to put up with verbal abuse on the level that most are subjected to, this guy more then likely deserved to be banned.
Posted: Jul 22nd 2009 7:21PM (Unverified) said
we dont even know what he did...
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