Agoraphobic PS3 Owner Sues Microsoft, Nintendo

Andy Chalk

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Nov 12, 2002
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Agoraphobic PS3 Owner Sues Microsoft, Nintendo


The agoraphobic PS3 owner who sued Sony because he was banned from the PlayStation Network has launched two new lawsuits, this time against Microsoft and Nintendo.

Erik Estavillo appealed [http://www.escapistmagazine.com/news/view/93314-Agoraphobic-PS3-Owner-Sues-Sony-over-PSN-Ban] the dismissal and also filed a second civil suit against Sony for $180,000 in damages.

Apparently not wanting anyone to feel left out, Estavillo has now filed suits against the other two console manufacturers as well. He's seeking $75,000 from Microsoft as a result of his console being hit by the Red Ring of Death; he can't afford to repair or replace the unit because he's disabled, he said, so he's seeking compensation for the "undue stress" he's suffered since the demise of the unit and the "sadness he will have in the meantime of finding one he can afford."

His lawsuit against Nintendo, meanwhile, centers around the 4.3 update to the Wii firmware, which disabled the Homebrew Channel. Estavillo used the Homebrew Channel to unlock characters in Super Mario Galaxy [http://www.mariokart.com/], essentially "forcing customers to buy another game to unlock one character in a different game." Estavillo is seeking $5,000 from Nintendo as well as an injunction against "deleting, blocking or prohibiting the Homebrew Channel and Ocarina applications."

Estavillo, who said he also suffers from depression, obsessive-compulsive disorder, panic disorder and Crohn's disease, plans to file similar lawsuits at the state level as well.

Source: GamePolitics [http://gamepolitics.com/2009/11/19/banned-resistance-gamer-targets-ms-and-noa-latest-suits]


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Snotnarok

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Nov 17, 2008
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Next he'll sue Nasa for seeing things he can't see with those evil telescopes, then the state for making their borders too far. Seriously you can only feel sorry so much till something like this happens, you break the contract of the EULA it's your fault case closed.
 

Ranooth

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Mar 26, 2008
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He will not succeed against Nintendo, it's a breach of the T&C's. Also he's just a bloody idiot with the 360, he try phoning Microsoft? Doubt it.

I hope no judge takes this case and he gets laughed out. Disabled or not he's an idiot.
 

nicholaxxx

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Jun 30, 2009
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I think this guy needs to shut up, he failed at suing sony, so what makes him think that he can get away with suing MICROSOFT and NINTENDO?!?!

he should quit before it's too late...


EDIT: because I mis-spoke
 

Clyde

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Aug 12, 2009
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I'd feel a little sympathy if he sued for the value of the RRoD console.
He should go on Judge Judy, maybe she could set him straight.
 

sheic99

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Oct 15, 2008
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Let me get this straight, he can pay $15/month for Live, but he can't afford the postage to send his 360 for repair. Unless of course he chipped it, but then he gets what he deserves.
 

loremazd

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Dec 20, 2008
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Considering you don't need any money to replace a red ringed 360, he might actually get counter sued by microsoft. They send you the box and pay for your shipping.
 

Aitruis

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Mar 4, 2009
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Hey, he's paying his money to go to court, I wonder where he'll be when he uses all his disability payout in court, and won't have any money to pay for XBL or new games. Or power. Or food.

I just want to stick this guy in a room with Jack Thompson and see what happens.
 

tmujir955

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Oct 12, 2009
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He can't win against Nintendo, because you CAN unlock every character without Super Mario Galaxy.

...It's just REALLY bloody hard.
 

gibboss28

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Feb 2, 2008
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Why do I want to see either Sony, Nintendo or Microsoft counter sue this guy? Oh that's right because he's a money hungry dick.
 

AceDiamond

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Jul 7, 2008
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Aitruis said:
Hey, he's paying his money to go to court, I wonder where he'll be when he uses all his disability payout in court, and won't have any money to pay for XBL or new games. Or power. Or food.

I just want to stick this guy in a room with Jack Thompson and see what happens.
Well his agoraphobia would probably be cured, for one thing.
 

asinann

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Apr 28, 2008
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Can't wait until the courts issue a summary dismissal of all the lawsuits and forces him to pay the legal fees of Sony, Microsoft and Nintendo.
 

Flames66

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Aug 22, 2009
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Riiiiiiiiiiiiiiight

http://www.youtube.com/watch?v=zIllRdSzSug&feature=fvw

(Not advertising, It's a Weird Al" Yankovic Song that I think is appropriate)
 

Avernus

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Jun 10, 2009
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I'd call him an idiot but...

'depression, obsessive-compulsive disorder, panic disorder and Crohn's disease'
 

Low Key

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May 7, 2009
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This kid should get counter sued by the state for wasting everyone's time and taxpayer money. What kind of crazies do they breed in California? This is beyond retarded.