Agoraphobic PS3 Owner Sues Sony over PSN Ban

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Agoraphobic PS3 Owner Sues Sony over PSN Ban

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Erik Estavillo is suing Sony over being banned from PlayStation Network, claiming that the company violated his right to free speech and has caused him pain by removing his only form of socialization, as he suffers from agoraphobia.

PlayStation Network is important to Erik Estavillo, so when the San Jose resident was banned for inappropriate behavior in Resistance, he had to do something to get it back: file a lawsuit. Estavillo, then, is suing Sony for repressing his constitutional right to free speech and causing him pain and suffering.

The lawsuit claims that Estavillo was "exercising his First Amendment Right to Freedom of Speech" in the game's "public forum" (guessing this refers to the official Resistance message board?) when moderators, who the suit alleges are biased, banned him from Resistance and PlayStation Network altogether.

Taking away his right to free speech would be one thing, but in addition to that, the suit claims that the ban "has caused pain and suffering to an already disabled plaintiff." Estavillo, it seems, suffers from Obsessive-Compulsive Disorder, Panic Disorder, Major Depression and Crohn's Disease. To ban him from PSN robbed him of one of the few sources of pleasure in his life, as Estavillo is an agoraphobic (he's afraid of crowds) who "relies on [PSN] to socialize with other people, since it's the only way the plaintiff can truly socialize," the suit states.

The suit states that Estavillo has medical documents to prove that he really suffers from all those conditions, and okay, if he's not lying, that really sucks. But this is just plain ridiculous. Estavillo is asking for $55,000 in punitive damages as well as "pain and suffering damages."

Read over the lawsuit for yourself over at GamePolitics.

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I can see the kids point if he does have those medical illnesses but $55,000 is pushing it, just get yourself re-instated on PSN and don't exercise your "inappropriate behavior" any more.

He'll lose, I assume his account is property of Sony, not his.

Timelord91:
I can see the kids point if he does have those medical illnesses but $55,000 is pushing it, just get yourself re-instated on PSN and don't exercise your "inappropriate behavior" any more.

This is really all I could say.
If he got banned, it's his fault. Not Sony's.

No one told him to behave inappropraitly.

Does anyone know what exactly he was banned for? Regardless this is retarded, 'his only form of socialization' he can use any social networking site.

If the guy genuinely suffers from those afflictions, that's truly unfortunate -- but not carte blanche for him to act like a dick. That said, I'd like to see what got him banned.

The suit doesn't specify, just says he was banned for behavior while playing Resistance online. What's interesting, though, is that he's also accusing Sony of stealing. He's deposited money into his PSN wallet, but since he's been flat-out banned from the PlayStation Network, he has no way of using the money, or of getting it back.

sure he has problems, but being a dick about it? not the way to go. he gets no sympathy from me.

*Fanboy mode on*
Just buy an Xbox
*Fanboy mode off*

I....um......i think this is the most random lawsuit i've ever heard.

World Record perhaps?

If he was banned, there are probably records of why.

When you make an account with PSN, I presume that you have to agree to some User License Agreement, which probably has some rule in it that pertains to this situation.

So I doubt that he will win. It stinks that he has all those problems, but there's always other message boards/forums...

Would you guys do the same if you were in his position ?

Susan Arendt:
If the guy genuinely suffers from those afflictions, that's truly unfortunate -- but not carte blanche for him to act like a dick. That said, I'd like to see what got him banned.

Im with this young lady. Regardless of his condition, why cant people just take their punishments and move on? I thought it was pretty clear cut, you break the rules you face the consequences. Ive yet to play on the PSN so i cant say first hand what the forums are like.

UNKNOWNINCOGNITO:
Would you guys do the same if you were in his position ?

Not be a dick while playing online?

Edit: Sorry, misread. I thought you asked what we'd do, not whether we'd do the same. No, I wouldn't do the same. I don't think I'm liable to end up in his position in the first place. It's not that difficult to play nice.

I wanna see what this guy did to get himself banned from PSN before I can feel bad for him or not. It is unfortunate however that he suffers from those mental afflictions.

I guarantee this was a ban over spamming or the like.

Ok, that is quite retarded. This smells like a case of 'did not read the UELA'.

But what is next? Asthmatics suing people who fart in their vicinity?

Susan Arendt:

The suit doesn't specify, just says he was banned for behavior while playing Resistance online. What's interesting, though, is that he's also accusing Sony of stealing. He's deposited money into his PSN wallet, but since he's been flat-out banned from the PlayStation Network, he has no way of using the money, or of getting it back.

That depends on the Ts&Cs of the Playstation Wallet. You might not think it because it uses the units of real currency, but you're actually purchasing points the same as on XBL and the Wii store. The terms and conditions could indicate that adding "money" to the Playstation Wallet is actually purchase of a nonrefundable product.

Susan Arendt:
If the guy genuinely suffers from those afflictions, that's truly unfortunate -- but not carte blanche for him to act like a dick. That said, I'd like to see what got him banned.

I'm also terribly curious as to what was said that caused him to lose the privilege of playing. Exercising your right to free speech only goes so far before you start pushing the boundaries anyway, he should have been more careful.
The amendments where not designed to be a scapegoat when you need a "Get out of jail free" card.

I suffer from depression and Sony hasn't offered me tons of free games over PSN to keep me happy. Guess I better call my lawyer.

Hmmm, Agrophobia is a fear of crowds you say? LIke any phobia shoulsn't he be able to get over it somehow, locking him in a room with 50 people :D?
Doesn't sound like a disability regardless of the subject.

The kid should be banned from life.

The EULA should be enough to deflect the suit itself, but I find it amusing that he's too agoraphobic to setup a new account, but not to bring bring Sony into court.

FWIW, the 1st amendment does NOT apply to forums owned by corporations any more than it applies to forums owned by individuals. The 1st amendment refers to the GOVERNMENT not being allowed to abridge your right to free speech (although there are also limitations on that). I can't believe his lawyer is actually pursuing this, he knows he can't win, he's just taking the guy's money.

Susan Arendt:
If the guy genuinely suffers from those afflictions, that's truly unfortunate -- but not carte blanche for him to act like a dick. That said, I'd like to see what got him banned.

The suit doesn't specify, just says he was banned for behavior while playing Resistance online. What's interesting, though, is that he's also accusing Sony of stealing. He's deposited money into his PSN wallet, but since he's been flat-out banned from the PlayStation Network, he has no way of using the money, or of getting it back.

That is the question I would like to see answered as well.

I do think that Sony does have a responsibility to give him back his money for the points. If it were up to me I would gladly pay the 20 bucks just for the good publicity. Although I do have to question if there isn't a clause in there somewhere that states if you get banned you lose your points. If that is the case then he is SOL.

I wonder how long it will be before these companies just quit. Or at the very least forget all online components to all thier games. You give everyone a set of rules to abide by, someone breaks said rules, get banned and then have the balls to sue.

Kinda reminds me of another news story floating around here.

The amount of players that Resistance 2 multiplayer can host might trigger agoraphobia.

Pigletdude:
Hmmm, Agrophobia is a fear of crowds you say? LIke any phobia shoulsn't he be able to get over it somehow, locking him in a room with 50 people :D?
Doesn't sound like a disability regardless of the subject.

No, it's a very real issue.
Though I was under the impression that is specifically related to a fear of wide open spaces, or the outdoors.

But it can cause panic attacks and other such things.

Still, this is just ridiculous.

Quadtrix:
The kid should be banned from life.

irl banhammar GOOOOOOOO

This kid is just throwing money away on a lawyer. How could he possibly think that free speech applies in a private forum? Also there's the whole having to agree to terms of use before being granted an account. I mean what lawyer would even take that case? If I were a judge I would throw it out.

Also, how is an agorophobe going to be able to make it to court?

UNKNOWNINCOGNITO:
Would you guys do the same if you were in his position ?

Evade the ban. It may be expensive with PSN (I don't know what you'd have to buy to set up a new account) but I guarantee it's cheaper than losing a frivolous law suit, not to mention quicker and easier.

1. While he may suffer from many disabilities, there is no reason why he can't control himself and keep himself from acting like a dick online (We can only assume he was behaving inappropriately). He may have severe OCD, but I don't see how that lets him act like a dick (again, assuming that's why he was banned)
2. There are plenty of other social sites that are not PSN where you can communicate online without crowds.
3. First Amendment bullcrap argument again. You signed Sony's Terms of Service, they are a privately owned company, centered in Japan no less, therefore your American rights do not transfer online. Not to mention screaming profanities (again again, this is the easiest thing to assume) kind of abuses your 1st Amendment rights. Your rights end where mine begin.

While I sympathize with him slightly for his disabilities, that's obviously just a trick to gain sympathy from the Jury or Judge or whatever. Pointless lawsuit is pointless.

D_987:
He'll lose, I assume his account is property of Sony, not his.

Yeah, also when you are on PSN you must adhere to the Terms of Use and Agreement. I'm sure somewhere in that document it states that you can't just go blabbing anything at all.

Susan Arendt:
If the guy genuinely suffers from those afflictions, that's truly unfortunate -- but not carte blanche for him to act like a dick. That said, I'd like to see what got him banned.

The suit doesn't specify, just says he was banned for behavior while playing Resistance online. What's interesting, though, is that he's also accusing Sony of stealing. He's deposited money into his PSN wallet, but since he's been flat-out banned from the PlayStation Network, he has no way of using the money, or of getting it back.

It sucked for my cousin when someone hacked his account and took his mom's credit card. They took a good 200 or 500 some, I forget. How it relates to that? I don't know. When I thought out this post, it did.
OT: Wow, that really sucks. I feel bad for the guy. But, he isn't excused from the rules, just because he has all of that. If he gets it unbanned, it's awesome, but he shouldn't of did whatever he did. Unless, the Admins actually ARE biased.

I've got OCD too, regarding germs. Although I make a point to be polite when I ask people to wash their hands wash their hands oh dear God wash their hands okay now you can touch it.

Though they tend to get a bit irked anyway, for what should be obvious reasons.

Sony were right to ban him. People who'd file a lawsuit over a banning or anything else as banal as this are the kind of people I wouldn't want in any social network or situation.

I hope they manage to get testimony from the players he was abusive towards, expressing their anguish and distress at having some lawyer-happy, unbalanced shut-in abusing them while they're trying to enjoy a game.

Did they stop teaching the Bill of Rights in schools now or are kids just to stupid to actually read what it says? The First Amendment is not a license to be a dick anywhere and everywhere.

If you want to play, you have to follow the rules. No exceptions.

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