Banned PSN player appeals court decision, sues Sony again for $180k

by Andrew Yoon on Oct 27th 2009 9:21AM

If at first you don't succeed, try, try again. Erik Estavillo made headlines in the gaming blogosphere last summer for his $55,000 lawsuit against Sony, launched in retaliation for being banned from the PlayStation Network. As predicted, the judge dismissed his case after determining the First Amendment did not apply to Estavillo's claim.

Estavallo isn't going to be stopped by a mere district judge's ruling, though. In addition to filing an appeal, Estavillo is also filing another lawsuit against Sony -- this time, a civil suit seeking $180,000 in damages; more than three times the amount of his original, dismissed suit. According to GamePolitics, Estavillo will once again opt out of using a lawyer, choosing to represent himself for both upcoming cases. We wish Estavillo the best of luck.*

*Ed.'s Note: While we'd normally end on a punchline, our fear of irrational and baseless lawsuits prevents us from doing so.

Source

Tags: appeal, erik-estavillo, lawsuit, legal, lol, playstation-network, psn, scea, sony, Sony-Computer-Entertainment-America

Reader Comments (141)

check back to the original post on said case.....he talked the shit during a few games Resistance being one of them

I would find this funny if I could get over how much money was being wasted on such ridiculous litigation. How does this garbage even make it in front of a judge? Lawyers should be outlawed.

Woah there buddy. Don't hate on the lawyers. This guy didn't even obtain one. Most lawyers would have avoided this guy because he doesn't have a reasonable case, and lawyers can get sanctioned for bringing frivolous cases.

It worked in Back to the Future 2

i hope you get bitten by a thousand mosquitos

I don't wish him luck. He needs to get a job instead of trying to get paid through a frivolous law suit. Heck, I should sue him for damaging the game community’s reputation with his stupidity.

@ChomskyKnows

The last lawsuit Sony offered to give him back whatever was in his account and this guy refused. He officially cut off then every leg he had to stand on.

From the video I saw of this guy he got what he deserved.

dude get yourself a lawyer ,but make sure you get yourself one that love's taking on big companies .do yourself a favor & do some research, also don't be afraid to look outside your town or state. but make sure you word everything correctly & must sure you have copies of everything that lead to this issue . good luck.

What?

"but make sure you word everything correctly & must sure you have copies of everything that lead to this issue."

Classic. He should make sure to word everything correctly?

in short make sure you & your lawyer are well prepared. for your sake i hope the judge & jury hate big companies or have had issues w/ them.

I was pointing out the irony in what you said. Besides that, you and everyone else should want this case thrown out if you have any interest in a free society.

Shall I 'take care' of him?

I said this in the last Joystiq article that first mentioned this guy and I will say it again.

I hope Sprinkles doesn't get the idea of suing Joystiq for violating his "freedom of speech",

I swear I hope this guy wins. These Eula's need to die and die soon before we start having EULA's for real life.

"Oh you said a F***! I'm offended"

3 years later

"Oh you said S***! I'm offended"

3 years later

"Oh you said Fish St****! I'm offended"

God I hate stupid people who can't understand philosophy.

You're an idiot

Oh look, Ad Hominem!

What a tool. I hope someone in court rips him a new one; just completely shatters his will.

Instead of banning people cant Sony just send a hit-man to their house and well
put them down ?

It would make the world or at least online a much more pleasant place.

What's that saying? Anyone who represents himself in court has an idiot for a lawyer? Yeah, that's the one.

typical amercians, if u cant shoot them sue them :\

he got ban from psn, get over it, hes just making himself seem like an idiot

Thanks for the slam on Americans for no reason - that makes you a tool equal to him.

Typical non-Americans :/
Stereotyping all of us Americans into one category!

Oh, wait a second...

oh shit, we now know whats Sprinkles real name.

Logic missteps abound with this story, including but not limited to:

-Suing a gigantic-ass company for something that doesn't matter
-Suing a gigantic-ass company for something that is probably 100% your fault
-Appealing a dismissed case by suing yet again, this time for just over 350% the original amount
-Representing yourself in a lawsuit that was already dismissed fairly quickly the first time around
-Looking like a complete tool by putting yourself in debt in a desperate attempt to make the world look favorably on "the little guy," even though the little guy is a douche

Waste of taxpayer dollars trying to get this into court, AGAIN! Something is wrong with this cat...

Sigh. Just get a new account! It's not worth 1000s of dollars in lawyer...It's not worth the time.

this guy is completely clueless. fail on so many levels

I would love to see this guy win.

Dumbass.

Good grief, if you were banned from the Playstation Network then just migrate to Xbox Live and make new friends to socialize with. Oh and don't tell me that he doesn't have the money because its highly questionable of how he's gathering the money for these court cases.

Hope he gets sanctioned this time.

This is the "me" generation at work here. Estavillo feels that he's entitled to sue Sony, and win, because his pride was broken? I hate to be the bearer of bad news but as long as the service is free Sony can do whatever they want with it. Even ban users if they violate the terms of service. Now if he paid for the service, or even spent $180,000 worth of virtual items, them maybe, just maybe, he would have a good enough reason to fight Sony on this, at least to be reimbursed for half of the amount he's put into the service. But again PSN is free and spending that much money in a short period of time is highly unlikely. This lawsuit will just fizzle like a bag of Pop Rocks and nothing more.

Even if he paid for the service, there's this thing called the End User License Agreement (EULA) that he has to read before he pays for the friggin' service. That's essentially the whole length of the contract between him and the service provider right there and failure to read that is still completely his fault.

I wish Sony would ban more people. My time is valuable, and nothing irks me more than when I want to relax with a game, and my fun is ruined by jerks like this.

This could kind of be a win for him - Depending where he's from, court costs could be relatively cheap and his representation is free. Sony on the other hand is paying for an attorney on their own dime which we can agree won't be very cheap, and probably only costing more and more given how the kid won't drop the lawsuit.
I think it's almost obvious that he's just going to continuously harrass Sony until they cave in and settle or offer something for him to leave them alone for the rest of his life

If he loses, he should be fined $180,000 and lose his right to sue for 7 years.

EPIC Fail. This dude should stop being called a gamer. Seriously. Epic fail.

I hope sony countersues and he ends up with a judge that gives him jail time for being a pos.

So for someone that suffers from Agoraphobia he seems willing to put himself in a very scary position to be willing to go to court to fight for his um free speech.

As others have said he fails on so many levels. I'm sure he was warned more than a few times about his behavior yet he ignored it. I have no sympathy for a tool like this.

Watched a few of his youtube videos and must say it was a huge waste of time, not to mention that his voice is highly irritating which should be alone enough reason for him to loose in court. :)

Previous 50 Comments

Banned PSN player appeals court decision, sues Sony again for $180k

Reader Comments (141)

Posted: Oct 27th 2009 10:19AM Chris DPSN AggieCEO XBLThe Aggi said

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