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PlayStation 3 User Sues Sony After Being Banned For Comments Made While Playing Resistance: Fall of Man

I hate to encourage trolling by bringing you an update on gamer Erik Estavillo, but I will anyway. As you may know, Estavillo sued Sony  this summer because Sony had the temerity to ban the user from the PlayStation Network, reportedly for comments he made while playing Resistance. A judge threw the case out of court, saying, basically, you don't have the full protection of the First Amendment when using someone else's computer network. You'd think that would be the end of it, but nope: Estavillo has appealed the decision. Not only that, he's also filed a a Civil Suit against Sony for $180,000.

Estavillo is representing himself, and he tells game politics that he's obsessed enough with the character of The Joker that he plans to "wear a purple suit during my court trials. No joke."

I think Estavillo needs to find a new hobby -- something doesn't seem to be working out in his life.

Personal feelings aside, GamePolitics reader ZeroDash makes a thoughtful point in that site's comment section:

Although this will go nowhere but LOLville, can you imagine what the world would be like if he actually won this case?  Internet trolls and griefers would turn the net into a wasteland of irrelevance. 

If, through some miracle, this guy wins this case, it will essentially outlaw all ban hammers on all networks for all time. Which would either make the online world a ton more interesting, or totally ruin it. I think it would be the latter. We need some way to protect the great masses or normal people out there from the few who live only to disrupt and ruin other people's good times.

Source

Comments

Oldest First
  • IcemanMX

    As ZeroDash rightly point out, this case is going to nowhere but "LOLville". But for the sake of playing pretend, Mr. Johnson, let's take a trip to this parallel universe you would like to explore where in Mr. Estavillo has won his case against Sony. Also present in this world: there are no wars, Ron Paul is president of the U.S., a sense of personal responsibility outweigh the sense of personal entitlement, people are not in over their heads with debt, and the Australian Government doesn't give a kangaroo's ass of what the contents of a game are.

    Even if we were to assume this could be done, that doesn't necessarily pave the way for "all ban hammers to be outlawed on all networks for all time." Yes, it does set a startling precedence, but that sole precedence does not predetermine the outcome of future cases involving private networks and a person's right to them. Of course, this is a parallel world where Michael Jackson comes back to life as the world's most beloved zombie, so I guess I could be wrong.

    -M

    Posted: October 27, 2009 1:50 PM | Reply | Report
    IcemanMX
  • lookatthisguy

    Imagine that: the majority as the endangered "species." I would be floored if he won.

    This is actually the first I've ever heard of this case. If Sony saw fit to ban him for whatever his comments were, I'm sure they were bad enough to merit it (as well as any jokes/insults made about him as a result of all this press). Reading up on him on some other news sites, he sounds like a joke.

    Aside from that, a purple suit? Really?? Who's to say he'll pull off the Joker look, and not look like some douchey pimp wannabe? Furthermore, who would bet he looks like the fat guy from the WoW episode of South Park?

    Posted: October 27, 2009 1:50 PM | Reply | Report
    lookatthisguy
  • Krypton

    Erik Estavillo = RROD

    Posted: October 27, 2009 1:52 PM | Reply | Report
    Krypton
  • mikesctr

    This character is nothing else to do but to sue sony. This is sad. I sure that he must have said some pretty outrageous stuff if he were to get banned by sony and this is no doubt going to lolville.

    Posted: October 27, 2009 1:58 PM | Reply | Report
    mikesctr
  • achillez77

    I'm sure the suit will sway the judge in his favor.

    Posted: October 27, 2009 2:15 PM | Reply | Report
    achillez77
  • KevinJames23

    I have the same right to "ban" (delete data or prevent the inclusion of data from a specific IP or range of Ip's) users from my website as I do to kick people out of my home who I don't want in it for whatever reason I see fit. Maybe I just don't like the way you smell. It's my house, get out. Same thing if I own the internet servers (or have been given the rights by the server owner whose space I'm using).

    And if he does wear the Joker makeup to court, I sincerely hope the judge takes one look at him and says "Get out."

    Posted: October 27, 2009 2:20 PM | Reply | Report
    KevinJames23
  • Khronicol

    LMAO! This is the first I've heard of this. I can't believe someone is trying to sue for getting booted.
    It'd be funny if he became the new poster boy for anti gamers.

    Posted: October 27, 2009 2:24 PM | Reply | Report
    Khronicol
  • JohnKiller118

    As long as they can stop hackers and give me the option to mute players, go ahead.

    Posted: October 27, 2009 2:38 PM | Reply | Report
    JohnKiller118
  • nowhere2hide139

    please don't let this guy win. I hate online gaming because of people like this.

    Posted: October 27, 2009 3:08 PM | Reply | Report
    nowhere2hide139
  • Redd75

    "Although this will go nowhere but LOLville, can you imagine what the world would be like if he actually won this case? Internet trolls and griefers would turn the net into a wasteland of irrelevance."

    What are you talking about? It already is, for the most part.

    Posted: October 27, 2009 3:12 PM | Reply | Report
    Redd75
  • reiverbell21

    if this kid is representing himself in a court of law, i sincerely believe that he has no chance in hell of winning

    Posted: October 27, 2009 4:06 PM | Reply | Report
    reiverbell21
  • GamebustaZX

    hahaha like one man can sue Sony for money

    Posted: October 27, 2009 4:36 PM | Reply | Report
    GamebustaZX
  • g4fan247

    There is no way this kid will win the court case by representing himself. The judge will throw this case out if that kid wears a Joker outfit to court.

    Posted: October 27, 2009 4:37 PM | Reply | Report
    g4fan247
  • gambitjuggalo

    wow not only is he embarassing himself even further but now he has to drag the joker into this...i love the joker to but that has nothing to do with a court case... maybe hes going to wear it because he already knows his case even making it to court is a joke... seriously mark hamill should walk in there and b1tch slap him then walk out laughing like only the real joker can.

    Posted: October 27, 2009 5:49 PM | Reply | Report
    gambitjuggalo
  • AllyoftheForce

    http://www.youtube.com/watch?v =PFN_xuwiDW0

    Posted: October 27, 2009 6:38 PM | Reply | Report
    AllyoftheForce
  • Flight_Eagle

    Altair, i choose you!

    Posted: October 27, 2009 7:45 PM | Reply | Report
    Flight_Eagle
  • Yatzee1000

    Hmmm... I could have sworn that I posted a comment with this

    "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
    The first amendment

    in it but now I don't see it... either I am hallucinating that the comment was/was not posted or G4tv.com has a bug in it.

    Posted: October 27, 2009 8:32 PM | Reply | Report
    Yatzee1000
  • TGamer5

    What a queer, he's obviously doing it for attention. And even I don't think that the government would be stupid enough to let this boy win.

    Posted: October 27, 2009 9:36 PM | Reply | Report
    TGamer5
  • legodarth

    He has no legal grounds; he will lose. Why is he doing this?

    Posted: October 28, 2009 1:37 AM | Reply | Report
    legodarth
  • kapassikey

    please i honestly hope he does win. it would make very interesting news and i'll personally buy him a burger. besides won't you agree? this is so much more better news then some white rich kid getting high or a balloon in the sky or something of the sort.

    Posted: October 28, 2009 3:15 AM | Reply | Report
    kapassikey

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