Agoraphobic PS3 Owner Sues Sony over PSN Ban

[magnuslion]

I'd have to see what he was banned for before making a judgment call on this.

 

[squid5580]

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

But what if he got banned for something ridiculous like telling people he's also gay. You can get banned from XBL for that too.

If it's something like that situation, he deserves his thousands of dollars. If he was intentionally being a prick and hiding behind his disabilities, he deserves a swift kick in the ass.

Can anyone tell me what exactly he was banned for? What did he do, we can't exactly pass judgement without that info.
That's what we're supposed to be doing here right?

I see nothing ridiculous about identifying yourself as gay. Except if you meant that it's silly to do so in a room filled with faux-macho 13 year-old boys even I, a skinny shut-in, could most likely take out with a nice mallet and a head start. But I digress, as interesting as such a confrontation would be.

I meant that it would've been ridiculous if that was the reason he was banned.

What if he did get banned for that reason? Does that excuse him from the rules if the rules clearly state that saying your sexual orientation could incur the wrath of the banhammer?

Wouldn't it be ironic if he was banned for running around telling everyone he is straight.

And she wasn't banned for telling anyone. She was banned for putting it in her profile. If she had just simply told everyone in every game she ever played she would still be playing.

I would suggest reading this before going off on XBL treatment of her

http://www.xbox.com/zh-SG/live/legal/codeofconduct.htm

It is laid out quite clearly in more than 1 point.

I think they would have an excuse if they were braking a rule that's bigoted and discriminatory to begin with, yes. If someone is really being discriminated against, they have every right to sue. I just want to know if this guy is really being discriminated against or if it's like Cartman saying he has Tourettes.

And thanks for the link. Their practices are worse than I thought. It's hard to believe this is an American company. It's amazing anyone is left on XBL considering the 3rd rule is Don't scream, yell, or threaten. Has anyone here ever put on a headset on XBL and NOT heard any of these things?

I take it you didn't read the "What to do" part. It would be one thing if there was nothing you could do and were forced with either listening to it or just not playing. MS isn't your mommy or daddy. MS has provided you with everything you need to enjoy your experience on XBL. They just expect you to have the common sense to use it. it isn't thier job to protect you from anything you might find offensive that another might say over thier headset. They have simply said you are a big boy or girl if someone is screaming, threatening or doing whatever you might not like you can do something about it. And at the same time for the good of the whole community (not in the best interest of any special interest group or demographic the whole community) lets not put certain things in your profile. If you cannot abide by this simple rule you risk being banned. It is no different here at The Escapist. The "no trolling" rule is there not because they are dicks. It is there for the good of the community as a whole. If you insist on trolling you will be banned. You don't get to troll since you belong to a minority or a special interest group or a specific demographic. the law doesn't see race, gender or anything else. It is thier for one and all. The only way a troll skates scott free is when you and I don't report it. Then we can't then blame the mods for letting the troll skate when we didn't do our part to stop it. Which is exactly what is happening when the excuse:

"Well I have seen other profiles in violation of the Code of Conduct."

"Did you report it"

"No"

So you didn't do your part out of sheer laziness and then expect MS to do thiers?

Not laziness, apathy; read what I typed up there. What part of my statement made you think I agree with their code of conduct, want to help them enforce it, or want ms to ban anybody? I think gamers should be able to state what kind of people they like to have sex with and really don't care what these kids yell out on xbl because I usually don't care when I wear the headset and when I do get annoyed, I'll put any jerks in their place myself: I wasn't that d-bag who always told the teacher when she forgot to assign homework. And besides, they pay for it, they can say whatever they want on it as far as I'm concerned. If MS want to be nazis, they can regulate everything themselves: I don't work for them and I'm not going to turn people in because they don't want to live by those rules.

What I find very illuminating is that the dbags who do go to MS saying that the lesbian scares them don't also "cry to mommy" about all of these screamers, yellers, and threateners.

I feel the same way you do on alot of this. The simple fact of the matter is if there is a rule and a consequence you break one you risk the other. The only people I myself have ever muted are the people whose tea is done (that damn whistle). It doesn't change the fact that these things are put there for a reason and agree or disagree with said rules it is not MS's fault that the world is the way it is and a controversial issue is controversial. Even if it shouldn't be. Lets pretend for just a second she was banned for putting in her profile "she is a Christian". Sure it doesn't seem like anything wrong to you but to a person of another faith they could put in thiers "I am Jewish". They happen on each others profile and start bickering. It escalates and MS is forced to swing the banhammer. Now they just lost 2 customers. By simply stating none of this is acceptable minimizes thier risk. They are after all a company (not the government) and thier goal is to make as much money as possible. And it seems like a smart idea to me to say as a company that we don't want this kind of stuff disrupting our money flow so we will simply state this is not tolerated and hope people are mature and smart enough to listen. It doesn't say anywhere in the CoC that you can't go somewhere else and express this. And if anyone is caught then they must consider the needs of the many over the needs of the few.

And giving any special rights or privileges to anyone is by definition equality. And isn't that what everyone has been fighting for?

 

[Ghost8585]

Look. I'm genuinely sympathetic... but SONY could best resolve this by offering him an out of court settlement:

A 360 with 12 months Xbox LIVE Gold Account membership, Halo 3 and a wireless headset.

Oh aren't you just a clever little rascal!

Anyways, on topic. Just out of curiosity I want to know what this guy got banned for. To be banned from PSN he would have to have done something pretty friggin' drastic, probably involving alot of warnings which he apparently chose to ignore. And no, his mental/social problems and NOT sonys problem. And no, he wont be getting his money back. When you sign up to PSN you also sign a contract (as someone above already posted). You violate the contract, you lose the service, end of story.

 

[bridgerbot]

When you sign up to PSN you also sign a contract (as someone above already posted). You violate the contract, you lose the service, end of story.

I signed up for PSN, have put funds in my wallet, and I never signed a Contract, I did agree to the Terms of Service, which is very different from a contract. He probably will be able to get his money back in his wallet if he goes to court. See above.

 

[The_Echo]

So, why is the PSN his only way of socializing? Even if he is agoraphobic, he should still be able to socialize in reality, just not in crowded areas. This person should know that just because he has a freedom of speech, it doesn't mean he can go around saying whatever he wants. A line has to be drawn somewhere.

I'd like to see what got him banned first, before I make a judgement, though.

 

[GenHellspawn]

How did this even enter a court? His agoraphobia is not the responsibility of SONY, so why should they be reprimanded?

 

[Ghost8585]

When you sign up to PSN you also sign a contract (as someone above already posted). You violate the contract, you lose the service, end of story.

I signed up for PSN, have put funds in my wallet, and I never signed a Contract, I did agree to the Terms of Service, which is very different from a contract. He probably will be able to get his money back in his wallet if he goes to court. See above.

You don't literally 'sign' a contract but you agree to it when you sign up. Sorry, I guess people like to take things VERY literally sometimes. Also, EVERY time you add money to your wallet, you are reminded that you will NOT got that money back. If a judge takes this case seriously sony may make an exception here just the shut the self-entitled brat up.

 

[Uncompetative]

I dunno. I think socializing is overrated...

 

[Sparcrypt]

I'd be interested to see what banned him.. but at the same time I'm *not* in support of seeing people get special treatment due to disability where it's not due. Dont get me wrong.. if it's an unfair ban I'd like to see it lifted but thats about all.

And sorry - I don't care if you're disabled, you can still act like a civil human being. My brother has ADHD and a good friend of mine has a list a mile long of disabilities.. they can still act nicely toward others.

Aside from anything else, while I haven't read the EULA as my console gaming is done via live, I can guarentee the following points are addressed:

1. Sony owns the network and can ban you for any reason or no reason
2. Swearing, profanity, abuse, inappropriate behaviour is not acceptable and will result in a permanent ban.

I hope he loses, in fact I hope he doesnt even get his account back. If he does all it would do would reenforce "I'm special, the rules don't apply to me"... these networks are there for the enjoyment of all players, not just a few.

 

[Sparcrypt]

Just read through the lawsuit.. a couple points amuse me.

Point 4... "The need for moderators on Resistance is not needed as players can both mute and/or ignore any player they wish". Interesting how qualified a random player and a lawyer think they are in this matter. If only some company with vast experiance in online gaming could give their input.. someone like.. Sony? Ahh if only.

Point 5.. their claim that 'Microsoft only bans for repeated illegal offenses'. I hope they have evidence to show this, as I doubt MS is going to give them the data. But hey, why use facts when you can make things up about a third party that has nothing to do with this case? Plus MS don't ban for illegal offenses, they ban for.. wait for it.. violating the terms of use!

Point 7.. that Sony is 'stealing' money from him? Uhhhh no? If I pay to see a movie, put my feet on the seat and talk on my mobile phone I'm getting kicked out and I'm sure as hell not getting a refund... but I paid to see the movie! Oh wait, I violated the terms and conditions the cinema imposed when I bought the ticket and thus lose my right to good purchased.. oh darn! As for whinging he only bought the console and game that year... not the point, they're not stopping him from using it, just his access to PSN.

Point 8... cause I'm absolutely sure that 'I verify that I am 18 years or older' isn't part of the EULA at all. Oh wait, you're NOT over 18? Well I'm sorry you're not allowed to play on our network or by law to play this game! Guess we'll have to ban you! Legal thing, you understand, wouldn't want to break the law now would we, you might sue us...

Point 9... I and every other gamer who DOESN'T act like a tool online agree that bans are in fact a wonderful thing. Yes I can mute you, but I don't care. You want to act like a tool and then force ME to have to deal with it? I'd rather you weren't allowed to play. Good thing Sony agrees.

Now.. I guess I could support them if they said at the end 'The plaintiff wants his account unbanned and promises to abide by the EULA from now on'. But asking for 55k? And leaving room for more?

 

[Ghost8585]

Just read through the lawsuit.. a couple points amuse me.

Point 4... "The need for moderators on Resistance is not needed as players can both mute and/or ignore any player they wish". Interesting how qualified a random player and a lawyer think they are in this matter. If only some company with vast experiance in online gaming could give their input.. someone like.. Sony? Ahh if only.

Point 5.. their claim that 'Microsoft only bans for repeated illegal offenses'. I hope they have evidence to show this, as I doubt MS is going to give them the data. But hey, why use facts when you can make things up about a third party that has nothing to do with this case? Plus MS don't ban for illegal offenses, they ban for.. wait for it.. violating the terms of use!

Point 7.. that Sony is 'stealing' money from him? Uhhhh no? If I pay to see a movie, put my feet on the seat and talk on my mobile phone I'm getting kicked out and I'm sure as hell not getting a refund... but I paid to see the movie! Oh wait, I violated the terms and conditions the cinema imposed when I bought the ticket and thus lose my right to good purchased.. oh darn! As for whinging he only bought the console and game that year... not the point, they're not stopping him from using it, just his access to PSN.

Point 8... cause I'm absolutely sure that 'I verify that I am 18 years or older' isn't part of the EULA at all. Oh wait, you're NOT over 18? Well I'm sorry you're not allowed to play on our network or by law to play this game! Guess we'll have to ban you! Legal thing, you understand, wouldn't want to break the law now would we, you might sue us...

Point 9... I and every other gamer who DOESN'T act like a tool online agree that bans are in fact a wonderful thing. Yes I can mute you, but I don't care. You want to act like a tool and then force ME to have to deal with it? I'd rather you weren't allowed to play. Good thing Sony agrees.

Now.. I guess I could support them if they said at the end 'The plaintiff wants his account unbanned and promises to abide by the EULA from now on'. But asking for 55k? And leaving room for more?

QFT. You hit the nail on the head there. I think the only gamers who would disagree with you just want sony to lose because its sony.

 

[Booze Zombie]

Despite his phobias or conditions, he signed a contract by joining a forum and that contract I do believe says, as most forums do, and I'm simplifying here "fuck up and we've the right to get you the fuck off of our forums".

 

[MrSnugglesworth]

Damn greedy agoraphobics, always bothering us on PSN then asking for 55,000 dollars in return.

 

[swytchblayd]

Most twits would just get a new ID and go back to bitching :\

I hope this doesn't become a trend, or we can kiss the entire industry goodbye...

 

[lacktheknack]

Sorry.. it can't be avoided... RTFM. And by "M" I mean the "Play Nice" clause that states that you shouldn't be a troll. PSN does have one, right?

If they do, then PSN has more right to sue this guy than vice-versa.

 

[CAW4]

For everyone saying that $55k is pushing it, most courts award a fraction if the plaintiff wins, so they tend to have everyone ask for a very high amount.

 

[theultimateend]

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

*Fanboy mode on*
*Fanboy mode RROD*

Oh Noes!!!

(All jokes aside I have an Xbox too )

 

[cambodiancam]

Only one thing I could think of LULZ!

 

[Arehexes]

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

But what if he got banned for something ridiculous like telling people he's also gay. You can get banned from XBL for that too.

If it's something like that situation, he deserves his thousands of dollars. If he was intentionally being a prick and hiding behind his disabilities, he deserves a swift kick in the ass.

Can anyone tell me what exactly he was banned for? What did he do, we can't exactly pass judgement without that info.
That's what we're supposed to be doing here right?

if thats true i know a lot of kids who should have been banned

 

[asinann]

He violated the EULA, Sony has absolutely no obligation to help him socialize anyway.
He needs to take his meds and get over it.