Agoraphobic PS3 Owner Sues Sony over PSN Ban

[Keane Ng]

Agoraphobic PS3 Owner Sues Sony over PSN Ban

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 GamePolitics [http://cdn4.libsyn.com/gamepolitics/Sony-Estavillo.pdf?nvb=20090721195918&nva=20090722200918&t=0804f31f6ea720480f087t].


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[TimeLord]

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.

 

[D_987]

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

 

[VincentX3]

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.

 

[bodyklok]

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.

 

[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.

 

[Olikunmissile]

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

 

[Mr.Top Hat]

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

 

[Lord_Ascendant]

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

World Record perhaps?

 

[scotth266]

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...

 

[Zersy]

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

 

[RollForInitiative]

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.

 

[Sevre]

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

 

[Chimpzy_v1legacy]

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?

 

[GloatingSwine]

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.

 

[Lyri]

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.

 

[New Troll]

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.

 

[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 ?
Doesn't sound like a disability regardless of the subject.