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Gamer Files Appeal In Banning Lawsuit

sjohnson
23 Comments

Posted October 27, 2009 - By Stephen Johnson

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

Gamer Files Appeal In Banning Lawsuit
http://www.g4tv.com/thefeed/blog/post/700259/gamer-files-appeal-in-banning-lawsuit/
http://files.g4tv.com/ImageDb3/167829_S/PlayStation-3-User-Sues-Sony-After-Being-Banned-For-Comments-Made-While-Playing-Resistance-Fall-of-Man.jpg
BlogThread_700259
  • Silky08

    He's most likely not going to win.

    Posted: October 28, 2009 10:04 AM | Reply | Report
    Silky08
  • hockeyzombie

    I'm sure the guy had to agree to the EULA and that should include the rights of sony to ban anyone for any reason, so the guy doesn't have a chance.
    and Yatzee1000 - freedom of speech doesn't include private property, If you start swearing at McDonalds Employees they will throw you out too and you'll deserve it. Say bomb in an airport and you will get arrested and no freedom of speech argument will change that.
    The guy is a loser with more time than brains. I hope that the idiot will be forced to pay all court costs because stupid lawsuits cost taxpayers millions, not to mention the cost that sony will have to incure because of him.

    Posted: October 28, 2009 8:55 AM | Reply | Report
    hockeyzombie
  • Completist

    I hope that if there is a God or other type of divine creator, this jerkoff doesn't have any offspring. That's one thing this world needs less of - douchebgs like this guy.

    Posted: October 28, 2009 7:05 AM | Reply | Report
    Completist
  • 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
  • legodarth

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

    Posted: October 28, 2009 1:37 AM | Reply | Report
    legodarth
  • 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
  • Canid117

    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
    Canid117
  • Flight_Eagle

    Altair, i choose you!

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

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

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

    hahaha like one man can sue Sony for money

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

    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
    -John-
  • 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
  • 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
  • achillez77

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

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

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