Posted: 7/22/2009 10:34:54 AM EDT
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Gamer Sues Sony over First Amendment
NBC Bay Area ^ | Wed, Jul 22, 2009 | LAURA RIPARBELLI After being banned from a game for "trash talking", Erik Estavillo wants $55,000 and says he needs the game to socialize What happens when you take away someone’s video games? You might get sued. A San Jose, Calif., man is suing Sony, claiming the company violated his first amendment rights when they banned him from playing the PlayStation 3 game "Resistance" for something he may have said while communicating with other players. Erik Estavillo, who says he suffers from agoraphobia, a fear of crowds and public places, depends completely on the PlayStation game for social interaction. But Sony occasionally bans users from the on line gaming system when they engage in inappropriate behavior. Estavillo admits that he was doing some “trash talking” while playing "Resistance," but says that virtually everyone who plays the game participates in the same language and he is unsure as to why he was singled out. Estavillo was issued three warnings before having his account permanently locked. He says he can't remember exactly what he said to set off the Sony banners the final time, although he encourages those interested to visit his YouTube page where he discusses his ailments with Sony in detail. “I can’t really go outside,” said Estavillo. “On the game, I met a lot of people I liked, and a lot of people that liked me. When they cut me off, I couldn’t talk to those friends anymore.” One of those friends is gamer BarbieGirl, who Estavillo says he views as a sister. Estavillo, 29, cited a number of mental disorders in his filed complaint against Sony on July 6, which claimed the ban "has caused pain and suffering to an already disabled plaintiff." “[Because of my health], I need all the support I can get. This game is how I communicate with people,” he said. He is suing on four counts of unlawful behavior, one being the violation of his first amendment rights and another on counts of theft. Estavillo claims he has money in the videogame’s store, which is inaccessible to banned users. Estavillo is demanding $55,000 in punitive damages as well as "pain and suffering damages." Sony has yet to respond to the suit. |
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.... I'll just leave this right here.
http://www.youtube.com/user/DPMVincint19 |
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Their house, their rules.
But color me fucking surprised it's Sony, buncha assholes that don't give two shits about their customers. They make EA seem 100% customer oriented by comparison. You can thank them for software placed in their music CDs that disables your PC's CD Drive if it even detects what it thinks is copied music. |
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This guy aspires to be a serial killer
One incredibly fucked up individual. He's big on Jesus, and the Joker. |
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Quoted: This guy aspires to be a serial killer One incredibly fucked up individual. He's big on Jesus, and the Joker. Do you really need much inspiration Goz? |
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Quoted: Gamer Sues Sony over First Amendment NBC Bay Area ^ | Wed, Jul 22, 2009 | LAURA RIPARBELLI After being banned from a game for "trash talking", Erik Estavillo wants $55,000 and says he needs the game to socialize What happens when you take away someone’s video games? You might get sued. A San Jose, Calif., man is suing Sony, claiming the company violated his first amendment rights when they banned him from playing the PlayStation 3 game "Resistance" for something he may have said while communicating with other players. Erik Estavillo, who says he suffers from agoraphobia, a fear of crowds and public places, depends completely on the PlayStation game for social interaction. But Sony occasionally bans users from the on line gaming system when they engage in inappropriate behavior. Estavillo admits that he was doing some “trash talking” while playing "Resistance," but says that virtually everyone who plays the game participates in the same language and he is unsure as to why he was singled out. Estavillo was issued three warnings before having his account permanently locked. He says he can't remember exactly what he said to set off the Sony banners the final time, although he encourages those interested to visit his YouTube page where he discusses his ailments with Sony in detail. “I can’t really go outside,” said Estavillo. “On the game, I met a lot of people I liked, and a lot of people that liked me. When they cut me off, I couldn’t talk to those friends anymore.” One of those friends is gamer BarbieGirl, who Estavillo says he views as a sister. Estavillo, 29, cited a number of mental disorders in his filed complaint against Sony on July 6, which claimed the ban "has caused pain and suffering to an already disabled plaintiff." “[Because of my health], I need all the support I can get. This game is how I communicate with people,” he said. He is suing on four counts of unlawful behavior, one being the violation of his first amendment rights and another on counts of theft. Estavillo claims he has money in the videogame’s store, which is inaccessible to banned users. Estavillo is demanding $55,000 in punitive damages as well as "pain and suffering damages." Sony has yet to respond to the suit.  1A does not apply to private businesses. |
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Quoted: The question really is...........UNDER THE NEW HATE CRIMES AMENDMENT CAN HE BE PUT IN JAIL FOR 2 YEARS? Nope... New hate crimes law only applies to real-world physical violence, not virtual violence or speech.... And it's not law yet, so there would be an ex-post-facto component... |
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Quoted:
Their house, their rules. But color me fucking surprised it's Sony, buncha assholes that don't give two shits about their customers. They make EA seem 100% customer oriented by comparison. You can thank them for software placed in their music CDs that disables your PC's CD Drive if it even detects what it thinks is copied music. 
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Quoted:
Quoted:
Their house, their rules. But color me fucking surprised it's Sony, buncha assholes that don't give two shits about their customers. They make EA seem 100% customer oriented by comparison. You can thank them for software placed in their music CDs that disables your PC's CD Drive if it even detects what it thinks is copied music.
They got sued over it. http://news.zdnet.co.uk/itmanagement/0,1000000308,39244664,00.htm |
THIS IS EXACTLY WHY VOTING SHOULD BE RESTRICTED TO ABOUT 9% OF THE POPULATION 
Newsflash, dickhead (subject of the article): The constitution is a document that prevents the GOVERNMENT from certain restrictions of freedoms, not fucking Sony. If I want to ban Asians from entering my home and vehicle I am prejudiced, not in violation of the constitution. The only way this could be a legit claim is if this was under federally controlled/regulated airwaves and even then, the rules of private property STILL apply. I hate fucking stupid. I'd like to sue his mother for being an unconstitutionally stupid bitch, for not hooking up with a guy who beat this kid regularly for his fucktard brain. |
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Quoted: The first amendment doesn't apply in a private business. If they don't like you for what you say they can kick you out. This. He obviously doesn't suffer from asshataphobia or entitlementaphobia. Maybe instead of "social networking" he should study constitutional law before filing a frivolous suit. |
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Estavillo, 29, cited a number of mental disorders Enough said. Why doesnt he just re-register with a dif log on? He's probably an EverQuest (Sony equivalent to WoW) or other MMO player, who's 'social life' is tied up in his online 'persona'.... WoW and Everquest types are my favorite. I would rather wade into back yard full of hungry ghetto ponies to disconnect somebodies cable than have to deal with an Everquest/Wow player who is having trouble because his Ventrillo connection dropped for 30 seconds one night while they were chatting up another player. Not only do they get very aggressive but it means I have to enter their homes, which is a test of ones ability to act dignified in the face of extreme filth. |