Agoraphobic PS3 Owner Sues Sony over PSN Ban

SomeUnregPunk

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Jan 15, 2009
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http://legalblogwatch.typepad.com/legal_blog_watch/2009/07/a-first-amendment-right-to-play-online-games.html


basically this blog tells you that if this case goes to court then how this case is judged will have potential consequences to every type of social forum on the net. If this guy wins I could see a lot of forums closing shop.
 

dicai

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Jun 4, 2009
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SomeUnregPunk said:
http://legalblogwatch.typepad.com/legal_blog_watch/2009/07/a-first-amendment-right-to-play-online-games.html


basically this blog tells you that if this case goes to court then how this case is judged will have potential consequences to every type of social forum on the net. If this guy wins I could see a lot of forums closing shop.
You mean that people will file a lawsuit againts forums if they ban them or suspend them?
That's ridiculous! The Law has so many holes...
 

SimuLord

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Aug 20, 2008
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Figures he's got agoraphobia because he's showing all the signs of someone who clearly needs to get out more.
 

ActionDan

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Jun 29, 2009
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$55,000? That is completely over the top. And many people in this Thread are right. Don't follow the rules, and punishment isn't far away.
 

ckam

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Oct 8, 2008
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How does getting banned from playing certain video games make you... ahem; develop "an abnormal fear of being in crowds, public places, or open areas, sometimes accompanied by anxiety attacks"?
 

squid5580

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Feb 20, 2008
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dicai said:
SomeUnregPunk said:
http://legalblogwatch.typepad.com/legal_blog_watch/2009/07/a-first-amendment-right-to-play-online-games.html


basically this blog tells you that if this case goes to court then how this case is judged will have potential consequences to every type of social forum on the net. If this guy wins I could see a lot of forums closing shop.
You mean that people will file a lawsuit againts forums if they ban them or suspend them?
That's ridiculous! The Law has so many holes...
Not only that what about the contract? If clicking "I agree" isn't signing said contract I don't understand what would be. You can't scribble your signature on your screen. The I agree button should be just as legally binding as taking a pen to paper. Can you imagine buying an MMO and finding an envelope in it that says well you have to sign this mail it and then wait for us to get around to registering it before you can play. People would flip.

I hope you got a good team of lawyers Escapist. You are in for a storm if this guy wins.

CkretAznMan said:
How does getting banned from playing certain video games make you... ahem; develop "an abnormal fear of being in crowds, public places, or open areas, sometimes accompanied by anxiety attacks"?
You have it backwards. He has the fears and whatnot you listed and had them before he started playing. He used the game to socialize with people before he was banned since he can't go out and socialize like an average person.
 

Et3rnalLegend64

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Jan 9, 2009
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Lord_Ascendant said:
I....um......i think this is the most random lawsuit i've ever heard.

World Record perhaps?
Have you heard of the lady who sued (and won against) McDonalds because she burned herself drinking coffee? There wasn't a warning telling her that the coffee was hot -_- I fear for the world if stupid lawsuits like this pop up more often.
 
Nov 28, 2007
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SimuLord said:
Figures he's got agoraphobia because he's showing all the signs of someone who clearly needs to get out more.
That...was awesome. An Internet to you. Anyways, I think that this lawsuit should be thrown out, obviously. And his parents need to take him out back to the woodshed.
 

antipunt

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Jan 3, 2009
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Susan Arendt said:
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.
^This. While I am actually very sympathetic to those who suffer from mental illness, I'm just a little surprised as to ....what...actually caused him to get a perma-ban...

I suppose like Susan said, I'd have to see what he actually did before I make judgement.
 

Et3rnalLegend64

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Onmi said:
Et3rnalLegend64 said:
Lord_Ascendant said:
I....um......i think this is the most random lawsuit i've ever heard.

World Record perhaps?
Have you heard of the lady who sued (and won against) McDonalds because she burned herself drinking coffee? There wasn't a warning telling her that the coffee was hot -_- I fear for the world if stupid lawsuits like this pop up more often.
Granted the coffee was so hot it burned through her pants but christ thats not sueing cause the coffee didn't have a warning thats sueing due to burns.

Seriously though I saw a superman costume with "Warning, Suit will not allow you to fly"
Really? I didn't hear about the burned through her pants part. I only heard that she sued and/or won on the grounds that there was no warning label. Could be wrong.
 

livingnightmare

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Jul 24, 2009
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First thing is first...This douche is suing over a MONTH BAN! Not a permanent ban...a single month. He was told that by a sony rep on the phone. (Keep reading for a link to the video of the recorded phone call)

Here is the user's youtube account http://www.youtube.com/user/DPMVincint19
There you can see that he is not 29 years old as reported, but 19 as he states on his profile. He also says his "Companies:" is "Ha! I milk my parents, duh!". He's only out for money. Also in one of his videos he identifies himself to a sony rep on the phone as Michael Davidson and NOT Erik Estavillo which is the name used in the lawsuit. Under California law recording that phone conversation (and putting it on youtube http://www.youtube.com/watch?v=chROyq7kfu0 ) is against the law. He didn't tell the person he was talking to that he was recording it until 10 minutes into the 11 minute video. The guy even tells him he didn't give him permission to record the call.

He says he is aggoraphobic, but he goes to UCLA?...I thought that disorder meant you couldn't stand leaving your house...hmmm. He also has a number of methods of socializing with people other than Resistance on ps3. He has an xbox 360 (hmmm live account) and he also has a pc with internet access which he uses to post videos to his youtube account of him HARASSING OTHER PLAYERS IN GAMES. He removed the video of him getting banned from the game in question, but left a lot more showing his behavior in these games. One was in Playstation Home where he was sexually harassing girls and he thought nothing of it. Oh and he also says in one of his videos that he wants to be like the Joker from The Dark Knight movie and that he sees himself becoming a serial killer O_O. http://www.youtube.com/watch?v=_2yALEzId-o (video where he makes that comment and shows you all of his stuff)

Go read the link to GamerPolitics posted in the article. Someone posted a comment that actually played with this guy and describes how he was getting around the mute/ignore feature in Resistance. That was one of the main points this guy makes in his lawsuit is that if people didn't want to hear him they could just ignore him. Well when people would do that, he would go to the lobby and harass people there. When someone would mute him, he would exit and come back in which would unmute him. He is scum plain and simple. All he wants is money and I hope Sony takes him to court and takes him down. Then I hope they counter sue him and break his parents' bank.
 

A Pious Cultist

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Jul 4, 2009
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Wow, he sounded like a complete dick from the article but daaaaaamn, suing over a month ban for abusing other playings? BS, I hope Sony launch a counter-suit or issue a perma-ban.

Oh and welcome to the escapist.
 

mooncalf

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Jul 3, 2008
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bodyklok said:
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.
That's what I wondered and thought...

Maybe he already got banned from all the others? :D

The lawsuit reads solid enough, although the grounds for dismissing the EULA strikes me as a little tenuous, there's some valid points in there. It doesn't seem to mention why he was banned.
 

911 fox

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Jun 11, 2009
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in Brazil a man sued the company that made his television for emotional trauma when his televison broke he won like 2.3K