Banned PSN player sues Nintendo and Microsoft
After being banned from the PlayStation Network for hateful comments stated in Resistance's online community, Erik Estavillo launched not one, but two, lawsuits against Sony for infringing on his "first amendment rights" -- an argument that was shot down by Judge Ronald Whyte simply because "Sony is not part of the government."
However, what Estavillo lacks in civil online discourse, he makes up for with sheer determination and persistence. In addition to Sony, he now has both Microsoft and Nintendo in his sights. Estavillo is seeking $75,000 from Microsoft for the "undue stress" and "sadness" caused by his Xbox 360's RROD. "Microsoft should have to bear the burden that is now put on the shoulders of this disabled plaintiff," his claim states -- a burden that is equivalent to the sum of 375 Xbox 360 systems, apparently. Nintendo is being sued for interfering with Estavillo's "pursuit of happiness." And how exactly is Nintendo doing that? "Deleting, blocking or prohibiting the Homebrew Channel and Ocarina applications" via a system update.
We're hoping you can see the sheer brilliance of Estavillo's strategy. He's offering the perfect opportunity for PlayStation, Xbox and Nintendo fans to agree on something for once.
However, what Estavillo lacks in civil online discourse, he makes up for with sheer determination and persistence. In addition to Sony, he now has both Microsoft and Nintendo in his sights. Estavillo is seeking $75,000 from Microsoft for the "undue stress" and "sadness" caused by his Xbox 360's RROD. "Microsoft should have to bear the burden that is now put on the shoulders of this disabled plaintiff," his claim states -- a burden that is equivalent to the sum of 375 Xbox 360 systems, apparently. Nintendo is being sued for interfering with Estavillo's "pursuit of happiness." And how exactly is Nintendo doing that? "Deleting, blocking or prohibiting the Homebrew Channel and Ocarina applications" via a system update.
We're hoping you can see the sheer brilliance of Estavillo's strategy. He's offering the perfect opportunity for PlayStation, Xbox and Nintendo fans to agree on something for once.















Reader Comments (Page 1 of 4)
CheeziePotato @ Nov 20th 2009 8:33PM
Best picture ever
CheeziePotato @ Nov 20th 2009 8:38PM
That guy is a embarrassment to us gamers.
I hope his story isn't on Fox News.
Solace @ Nov 20th 2009 9:03PM
I just have to say this guy is the God of all internet video game trolls no wait he's the biggest troll in the world.
Sidebuster @ Nov 20th 2009 9:04PM
Forget that, he's an embarrassment to human kind.
Kenoji (aka Neo Asuma) @ Nov 20th 2009 9:11PM
"Best picture ever."
This is EXACTLY what I was going to say. The claims that this guy is making are ludicrous and unsound. The judge should just look at him the next time he comes in and say "No! Now, bring on the next case."
devilsei @ Nov 20th 2009 9:17PM
Dont you all see though?! This man is a martyr! He is sacrificing himself in order to bring unity to the three console continents!! This man doth not deserve the facepalm, but a crown covered in Uwe Boll's signature!
Awetoebawt @ Nov 20th 2009 9:38PM
His last name is Estavillo. If that's not a clear indication that he will do anything for money, I don't know what is.
ximena79 @ Nov 20th 2009 9:46PM
someone shut him up already!
Crimson_Ryan @ Nov 20th 2009 9:56PM
More like "lawlsuit".
johnnynumber5 @ Nov 21st 2009 12:54AM
Sorry guys but I wanted to bump this link. Here a link to a video of this Erik kid talking smack online. The guy is a grade A asshole and basically a psycho.
NSFW (obviously)
http://video.aol.co.uk/video-detail/banned-erik-estavillo-trash-talking/2350189751
MrAlex @ Nov 21st 2009 12:20PM
@johnny, wow...
That guy is THE biggest douchebag that I have seen, that's really a hard one to top
Mics @ Nov 21st 2009 12:51PM
This douchebag gamer's lawsuit deserves a douchebag gamer lawyer - Is Jack Thompson still disbarred?
Brysonial the Bison @ Nov 21st 2009 4:18PM
Wait someones trying to sue nintendo for trying to ban a program that nintendo doesn't want on their console which they made. Yeah let me how that works out for you.
Spartan_458 @ Nov 21st 2009 7:01PM
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Felt this was obligatory.
Urza @ Nov 21st 2009 10:59PM
The picture says it all.
Gloqwi @ Nov 22nd 2009 4:50PM
Is it true he is a UCLA graduate?
Goes to show that degrees mean shit.
ssj4raditz @ Nov 20th 2009 8:34PM
That guy needs a good swift kick in the nuts.
Sly @ Nov 20th 2009 8:37PM
he needs a good knife to the nuts to prevent him having any offspring.
Sly @ Nov 20th 2009 8:37PM
*prevent him FROM
ifalldownstairs @ Nov 20th 2009 8:43PM
oh, I'll volunteer!
flarkle @ Nov 20th 2009 8:55PM
I really don't think anything needs to be done TO him to prevent him from having offspring. It sounds like he's got that covered all on his own.
Sly @ Nov 20th 2009 8:59PM
ya never know dude. there are some girls who are REALLY desperate.
Darkfocus @ Nov 20th 2009 9:30PM
sly if theirs girls desperate enough to do that guy I must be really unlucky then cause I'm almost 18 and girls don't even go near me D_;
plyx @ Nov 20th 2009 9:47PM
The piece of shit lawyer who's taking these cases needs to be tased in the nuts.
plyx @ Nov 20th 2009 9:58PM
Oops, he represents himself. Well! HIS nuts should be tased then!
Stevetrop @ Nov 20th 2009 11:06PM
I feel I may sue him for making me want to beat the crap out of him because of his utter stupidity,
It's only fair
bamb0o-stick @ Nov 21st 2009 12:00AM
I say we all dress up as waiters when he attends a dinner party, abduct him when he gets into the men's room, and offer him an ultimatum. All we need is a rubber band, duct tape and a sharp knife.
Bagels (@AlsoBagels) @ Nov 21st 2009 2:59AM
And Peanut butter.
...y'know, if we get hungry.
The Swedish Chief @ Nov 21st 2009 3:39AM
http://www.youtube.com/watch?v=LzjdgrfIuq0
:D
Azariel_z @ Nov 21st 2009 3:57AM
Hey..thats the Mana beast !!!
Scarlet Spider @ Nov 20th 2009 8:36PM
WOW. What a moron.
offday @ Nov 20th 2009 8:38PM
Shhh. Be careful. He'll sue you for calling him a moron you know.
GewurztraminerX @ Nov 20th 2009 9:06PM
I've received undue stress and loss of sanity as a result of reading about this guy's get rich quick schemes. Can I sue him?
Derick @ Nov 20th 2009 11:43PM
Maybe he thinks if he starts enough lawsuits he'll eventually win one because of probability....
I think he might have missed a lot of days in high school.
69 @ Nov 20th 2009 11:56PM
but think about it.....this moron is a gamer.
gamers read joystiq.
he is among us. one of these very people commenting on this very article could be the serial fraudulent-prosecutor.
watch your back, and keep your ASCII facepalms ready.
joe @ Nov 21st 2009 10:07AM
it think what he is actually doing is brilliant, i do not feel any embarrassment to be categorized as a gamer when he is. think about it if he succeeds (although there is a very small chance) people wont be calling him a moron, they will be calling him smart because he has won such substantial amounts of cash. besides, stories like this make me laugh , the sheer audacity of his claims of suffering undue stress and sadness because of the failure of his xbox makes for great reading. if hes got nothing better to do hey why not try
SoshiKitai @ Nov 21st 2009 7:48PM
Morons that win court cases are still called morons.
brian @ Nov 20th 2009 8:36PM
from gamespot
"as he suffers from depression, obsessive-compulsive disorder, panic disorder, agoraphobia, and Crohn's disease. "
so he is terrified of people, so terrified that he cannot buy another Xbox, but he can appear in court and gain the attention of hundreds of thousands.
he can't afford another xbox, but legal fees for 3 suits he can afford?
what?
Reuben @ Nov 20th 2009 8:42PM
Yeah, and my hands sometimes shake.
I demand $65,000.
ifalldownstairs @ Nov 20th 2009 8:50PM
Yeah, if this is like his case against Sony, he's representing himself... so the legal fees aren't a big problem, and he gets to make himself look like an even bigger ass
brian @ Nov 20th 2009 9:01PM
like my daddy always said.
only a dumb fuck defends himself... or something like that
Mr Mobius - the wandering artist @ Nov 20th 2009 9:07PM
Not quite sure what Crohn's disease needs to be in the description for.
Maybe because he is being torn a new ass*, he is trying to tear Microsoft and Nintendo new asses.
*Anal fistulas are possible side effects of Crohn's disease.
plyx @ Nov 20th 2009 9:51PM
I wonder if he's sad about counting how many times he's freaked out about leaving the house as he shits himself?
Hyperion45 @ Nov 20th 2009 10:45PM
He who represents himself has a fool for a client
MrAlex @ Nov 21st 2009 12:31PM
I think that if he really has all these conditions, god pretty much wants him dead...
teletheus @ Nov 23rd 2009 6:04PM
@Hyperion45: Actually, the phrase is "The lawyer who represents himself has a fool for a client."
The non-lawyer who represents himself has a learning disability.
Sly @ Nov 20th 2009 8:37PM
i wish this guy would RROD.
and yeah, that barely makes any sense, but it still makes more sense than this guy does. go figure.
Phix @ Nov 20th 2009 8:53PM
http://sites.google.com/a/virtualshackles.com/omg/1-1/RROD.jpg
ManekiNeko @ Nov 20th 2009 11:44PM
Hell, I'd just settle for the D.
tmacairjordan87 @ Nov 20th 2009 8:37PM
Dude give it up, you're not going to get rich quick by making shitty lawsuits (and then losing). If you're that determined, go try to get on Wheel of Fortune or something...I've seen plenty of idiots win tens of thousands on that show.