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Erik 'Pro Plaintiff' Estavillo assures us he won't sue anyone else, giving half his money 'to God' [update]

Ben Gilbert — Tue, 01 Dec 2009 19:00:00 EST

Erik Estavillo has been given a handful of nicknames by the press recently - he listed "Professional/PSN Plaintiff," "The Serial Suer" and a few others when he spoke with Joystiq this morning. He assured us though, time and time again, "That WoW lawsuit, that's my final lawsuit. So people know, I'm not suing any more companies." In case you missed it, Estavillo is currently engaged in four separate lawsuits - one with Microsoft, one with Nintendo, one with Sony (in both Federal and State court), and one with Activision Blizzard. "One lawsuit for each major console maker and one for the PC, so four total," he clarified to us.

Aside from seeking money (anywhere from as low as $180 to $1 million, depending on the case), we asked Estavillo what his intentions were behind launching the multiple lawsuits. "What I wanted to do was exploit the weakness of each console and show that they're not impervious to flaws ... each console has a flaw and they should fix it," he said. During the interview as well as in some of his court filings, Estavillo claimed to be suffering from a variety of psychological maladies, and has repeatedly stated that he uses online gaming as his primary form of communication. "I told this other interviewer and it's true - I actually have no friends. I rely on online gameplay for socialization."

Though he's yet to win a case, his first (by default) could come as soon as December 3 - the end of Sony's 30 days to respond to a summons. If he does, that would mean $180,000 and a "no contest" ruling against Sony. Though he said he'll keep some of the money he may win, he noted that, "Half the money I get is gonna go to God. I'm giving half the money I get to CBN [Christian Broadcasting Network], local churches, charities, or poor people on the street."

We talked to Estavillo about a variety of other topics - from what games he plays to why he's subpoenaing celebrities instead of experts - but due to sheer length we've broken the rest of the interview out after the break.

Update: Erik Estavillo emailed us this evening to say that Sony has responded to his summons, thus closing out the possibility of a default settlement. The first hearing will be in early 2010.

Continue reading Erik 'Pro Plaintiff' Estavillo assures us he won't sue anyone else, giving half his money 'to God' [update]

Erik 'Pro Plaintiff' Estavillo assures us he won't sue anyone else, giving half his money 'to God' [update] originally appeared on Joystiq on Tue, 01 Dec 2009 19:00:00 EST. Please see our terms for use of feeds.

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'Pro plantiff' Erik Estavillo subpoenas Bill Gates in RROD suit

Xav de Matos — Mon, 30 Nov 2009 23:00:00 EST

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Erik Estavillo -- otherwise referred to as a "professional plantiff" by GamePolitics for his laundry list of legal claims -- has subpoenaed Microsoft's Bill Gates in his suit targeting the company for his run in with the Red Ring of Death. According to court documents filed in a U.S. District Court for the Northern District of California, the subpoena demands Gates hand over paperwork that reveal the "true and relative number of actual Xbox 360 units that have been fixed by Microsoft over the past 3 years." Estavillo also seeks data pertaining to the number of broken Xbox 360 consoles and the amount of people banned from Xbox Live for "piracy" between November 28, 2008 and 2009.

While Estavillo is looking for answers to questions every journalist has been seeking, his track record of legal battles places him in eccentric territory. Estavillo is also suing Activision Blizzard claiming characters in World of Warcraft walk at an intentionally slow pace in order to bilk customers of more monthly fees. In the claim, he subpoenaed actress Winona Ryder and Depeche Mode member Martin Gore. Estavillo has also filed suit against Sony for being banned from online play, stemming from comments he supposedly made during matches of Resistance: Fall of Man; and Nintendo, for issuing firmware updates that disabled his Homebrew Channel.

'Pro plantiff' Erik Estavillo subpoenas Bill Gates in RROD suit originally appeared on Joystiq on Mon, 30 Nov 2009 23:00:00 EST. Please see our terms for use of feeds.

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Activision Blizzard sued by ... yeah, it's the PSN guy

Alexander Sliwinski — Wed, 25 Nov 2009 10:00:00 EST

Serial suit launcher Erik Estavillo is making a little name for himself in the game space, as his latest complaint seeks $1 million in damages from Activision Blizzard over the design of World of Warcraft. GamePolitics reports on the complaint, which claims that the publisher maintains a "harmful virtual environment to many of its customers by forcing them to follow the game's sneaky and deceitful practices." Estavillo alleges that the "calculated slow pace" of the game makes turning quests in take longer and thus generates more subscription revenue for Activision Blizzard.

If that wasn't enough, Estavillo also subpoenaed actress Winona Ryder and Depeche Mode's Martin Lee Gore to testify on his behalf regarding alienation. He explains that his health issues, which apparently include OCD, agoraphobia, depression (and more), mean that he "relies on video games heavily for the little ongoing happiness he can achieve in this life."

Estavillo had previously sued Sony after being banned from PSN and also has another suit against Microsoft and Nintendo, for his Xbox 360's Red Ring of Death and Nintendo's disabling of the Homebrew Channel in an update. Perhaps he'll have more luck suing over the design of a game in which millions happily pay to participate.

Activision Blizzard sued by ... yeah, it's the PSN guy originally appeared on Joystiq on Wed, 25 Nov 2009 10:00:00 EST. Please see our terms for use of feeds.

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Banned PSN player sues Nintendo and Microsoft

Andrew Yoon — Fri, 20 Nov 2009 20:30:00 EST

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.

Banned PSN player sues Nintendo and Microsoft originally appeared on Joystiq on Fri, 20 Nov 2009 20:30:00 EST. Please see our terms for use of feeds.

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

Andrew Yoon — Tue, 27 Oct 2009 09:21:00 EST

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.

Banned PSN player appeals court decision, sues Sony again for $180k originally appeared on Joystiq on Tue, 27 Oct 2009 09:21:00 EST. Please see our terms for use of feeds.

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Player sues Sony after being banned from PlayStation Network

Andrew Yoon — Tue, 21 Jul 2009 15:00:00 EST

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."

Player sues Sony after being banned from PlayStation Network originally appeared on Joystiq on Tue, 21 Jul 2009 15:00:00 EST. Please see our terms for use of feeds.

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