Banned PSN player sues Nintendo and Microsoft

by Andrew Yoon on Nov 20th 2009 8:30PM

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.

Source

Tags: erik-estavillo, homebrew, lawsuit, microsoft, nintendo, rrod, Wii, xbox-360

Reader Comments (197)

In the spirit of SP.

FUCK YOU ERIK, AND FUCK YOUR LAWSUIT.

I'm starting to notice that a lot of trolls seem to have a lot of problems in life...

This jackass is the sheer representation of everything wrong with the culture of entitlements so prevalent nowadays. Why take responsibility for anything he does when he can get someone else to pay for it? Glad he got shot down from the Sony lawsuit. Hope his Microsoft and Nintendo ones follow suit without the judge even opening the first page of the lawsuit.

HMM, Theirs A Serious Case Of Retard Going Around, I Better Not Catch It

"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."

He's like the Dr. Manhattan of trolls!

huh

-Face palm-oh boy...

why my teacher consistently says "DUMB PEOPLE SHOULDN'T BREED" We obviously know this guy was a "MISTAKE" that his parents were drunk and the condom busted because no one in their right mind tries to sue any videogame company unless there really is something crazy involved. They have million dollar lawyers and he has what his right and left hand? What a dumb a$$.

How about a nice little deportation for the annoying little fvck who is wasting everyones tax dollars, time, and resources? Fvcking loser. Hope he gets sued. Americans have too many rights....a real "sue happy" bunch.

Man, this guy is smart. Someone should give him a medal for his efforts.

But seriously....

WHAT THE HELL IS THIS GUY ON? What kind of dumbass is he? Ugh, this are the sort of people that need to be shot. I can't wait to see how badly they push aside his case. I'd love it if they managed to ban him from suing for bans and... well, if he is suing Nintendo for stuffing up his Wii because he had homebrew, it's his fault he had illegal software to begin with. I mean, my Wii is modded so I can have region free, but seriously, that's just being stupid. What an idiot. I'd love to see a video of him getting turned down, and see how he reacts.

What a retard...

LAWSUIT UP!

...I can assure you that i am not supporting this guy. Fucking asshole.

This guy really must have nothing better to do. Perhaps he swore at someone and lost his job, as well as his PSN account. Jackass.

I'm taking a lawsuit out against him for forcing you to waste threads on joystiq

This dude is an EPIC FAIL..

he should be forced to play virtual boy in jail for the rest of his life.

THERE IS SO MUCH BLUE COMMENTS xD

That can mean only one thing, everyone one agrees this guys a retard to the gaming community.

*Woops! Double post..... Forget this one...

THERE IS SO MANY BLUE COMMENTS xD

That can mean only one thing, everyone one agrees this guys a retard to the gaming community.

Eh, I'm not going to judge this kid. I don't know how he is or could be, but...
This is awesome. If he actually wins, it'll be funny and interesting as hell.

If you seriously think he's got a shot at winning you're probably as retarded as he is.

Why are you still reporting on this retard? It's obviously going to go nowhere.

I think I want to sue God for reasons known only to man.

/sigh

let me guess, hes retarded.

ding ding ding ding dinggg!

i say we stomp him!!!! then we tattoo him!!!! then we hang him!!!!!! and then we kill him!!!!!!!

I don't really see what he did wrong from the video posted above. Who... cares? Are we all too sensitive?

I don't agree with the lawsuit(s) but I also don't agree with the ban.

He was being racist. There are rules yanno.

This guy is quickly turning into another Jack Thompson. Eventually this moron will get himself in too deep and he'll either be arrested or sued, and with that he'll just be a fart in the wind just like Thompson.

All we need now is for this guy to hire Jack Thompson as his legal advisor and we'd have the ultimate in videogame lawsuit douchebaggery.

Terminate him.

wtf? epic fail, whats next someone suing 2k because they didnt liked bioshocks ending?

whats his gamertag. if he plays MW2 online then lets all knife his ass!

whats his gamertag? if he plays MW2 online then lets all knife his ass!

WTF internet???

STOP posting stories about this guy. That's what he wants. He knows this is as ridiculous as we do, he just wants the publicity.

Joystiq just STARTED posting stories about him.

Unless you think the internet is some kind of hive mind...

somebody call chuck norris please.

im suing the porn industry for giving me carpal tunnel!

http://www.youtube.com/watch?v=RA06Z5e1ZFc

FACEPALM*

MAN why is everyone getting on this guys shit, I give him all the help he needs to give this fight. How many people here are fucking tired of xbox and there red rings how come they haven't fix this pro? Did you know that if you buy a 360 right now it has a 70% chance that it would get the red rings. Man that's a way micosoft is making money from everyone because they let shit like that happen so people would spend there money on repairs. So man keep fighting them to the end, someone has to put it to them don't let them step on all of us.

He's offering the perfect opportunity for PlayStation, Xbox and Nintendo fans to agree on something for once.
--

What? That he's an idiot as are his ambulance chasing lawyers?

We need a loser-pays policy for lawsuits like this.

He's suing Nintndo for stopping something he shouldn't have been doing in the 1st place?

That's like ram-raiding a store, then sueing said store for damages to your car!

Facepalm indeed!

Nearly every comment in this article is 3 Hearts.
I guess, Lon Lon Milk isn't needed anymore. =/

This guy has been talked about a LOT over on the PlayStation Forums. Here's what I initially wrote about the guy:

The whole agoraphobia thing is what ticks me off. Fear of panic attacks in unfamiliar settings is what agoraphobia is, but most people hear that term and take the more common, if not necessarily correct, definition, which is a fear of open/public spaces (which is easy to assume since most agoraphobics stay in their own home). This second definition is what this player and his lawyer are probably banking on, especially since they are saying that the PSN is the player's only method of social interaction. Any judge who knows what he/she is doing or has heard testimony about what agoraphobia actually is will look at that player and say, "If you need social interaction with friends, why don't you just have them come over to your house?" Arguments will ensue, but the judge would stick to that and Sony's TOS and tell the kid the ban stands.

Now, the guy wants to sue Microsoft and Nintendo? This guy's got bigger things to worry about than a RROD and Nintendo's block on his "pursuit of happiness."

Previous 50 Comments

Banned PSN player sues Nintendo and Microsoft

Reader Comments (197)

Posted: Nov 20th 2009 11:38PM Firewarrior said

Posted: Nov 21st 2009 12:41AM (Unverified) said

Posted: Nov 21st 2009 9:40PM ptcamn said

Posted: Nov 21st 2009 1:25AM killer rin said

Posted: Nov 21st 2009 1:30AM Riley said

Posted: Nov 21st 2009 1:44AM (Unverified) said

Posted: Nov 21st 2009 2:25AM Themariohenri said

Posted: Nov 21st 2009 2:38AM (Unverified) said

Posted: Nov 21st 2009 3:35AM (Unverified) said

Posted: Nov 21st 2009 3:38AM (Unverified) said

Posted: Nov 21st 2009 3:41AM (Unverified) said

Posted: Nov 21st 2009 3:40AM (Unverified) said

Posted: Nov 21st 2009 3:42AM TCJJ said

Posted: Nov 21st 2009 4:31AM prodigy69 said

Posted: Nov 21st 2009 3:13PM SquallRinoa89 said

Posted: Nov 21st 2009 5:37AM golobulus said

Posted: Nov 21st 2009 6:03AM Katana Master said

Posted: Nov 21st 2009 6:04AM Katana Master said

Posted: Nov 21st 2009 6:03AM Katana Master said

Posted: Nov 21st 2009 6:36AM (Unverified) said

Posted: Nov 22nd 2009 2:14AM Balthier said

Posted: Nov 21st 2009 6:38AM (Unverified) said

Posted: Nov 21st 2009 7:20AM MaxShrek said

Posted: Nov 21st 2009 8:26AM SourNotHardcore said

Posted: Nov 21st 2009 12:11PM (Unverified) said

Posted: Nov 21st 2009 5:17PM (Unverified) said

Posted: Nov 21st 2009 12:42PM (Unverified) said

Posted: Nov 21st 2009 12:55PM Credge said

Posted: Nov 25th 2009 11:23AM Balthier said

Posted: Nov 21st 2009 1:33PM TOYBOXX said

Posted: Nov 21st 2009 2:02PM Pheonyx said

Posted: Nov 21st 2009 2:16PM Arikado said

Posted: Nov 21st 2009 3:33PM (Unverified) said

Posted: Nov 21st 2009 5:15PM (Unverified) said

Posted: Nov 21st 2009 5:15PM (Unverified) said

Posted: Nov 21st 2009 5:16PM (Unverified) said

Posted: Nov 21st 2009 6:30PM SlyBeast said

Posted: Nov 21st 2009 7:49PM blahblah55 said

Posted: Nov 21st 2009 6:35PM (Unverified) said

Posted: Nov 21st 2009 7:43PM FearHAVOK said

Posted: Nov 22nd 2009 12:28AM (Unverified) said

Posted: Nov 22nd 2009 12:30PM (Unverified) said

Posted: Nov 22nd 2009 2:06PM (Unverified) said

Posted: Nov 22nd 2009 2:55PM Yellowdevil said

Posted: Nov 22nd 2009 5:21PM MickeyHusky said

Posted: Nov 23rd 2009 1:14PM (Unverified) said

Posted: Nov 24th 2009 12:00PM (Unverified) said

Info

Description

MSRP

Release Date

Genre

Developer

Publisher

Rating

Breaking News

WB conjures up Harry Potter for Kinect this fall

Featured Stories

Weekly Webcomic Wrapup is a stranger in a strange land

Silver Lining: I Am Alive's unfeeling world

Game Of Thrones and the paradoxes of adaptation

Engadget

TUAW

Massively

WoW