Agoraphobic PS3 Owner Sues Sony over PSN Ban

Goldeneye103X2

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Jun 29, 2008
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I guess with all those difficulties i could understand why he got so worked up about it. Still, with those difficulties, i guess it would be hard for him to stop himself.
 

Xanadu84

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Apr 9, 2008
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I'm sick of people who completely misunderstand the 1st amendment. Yes, you have the right to free speech. But no one else is obligated to help you speak louder, help give you a place to speak, and no one is obligated to listen to your dumb ass. Yes, your disabilities suck. If PSN helped you, cool. But they are not obligated to treat your disorders, and as such, you have to follow the rules they established. You agreed to the terms of service, it sounds to me like its your fault for being rude, and getting yourself banned from a place that was doing you good. Sounds like it was your fault kid.

Here's the big problem: what exactly amongst the conditions of Obsessive-Compulsive Disorder, Panic Disorder, Major Depression and Crohn's Disease caused him to behave in such a way that got him banned? None of those conditions have symptoms of, "turns you into an insufferable dick". Id like to see what got him banned, because unless Sony decided to ban someone for being too sad, they must have banned him for behaving trollishly. I think he is just trying to garner sympathy with a list of problems he has. I do love how he included Crohns though; I mean, I am straining my imagination to figure out a single situation where this is relevant. Does he really have to drag his intestines into this?
 

Sparrow

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Feb 22, 2009
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It was his fault in the end. Unless his problem means he has to act like a dick all the time, then he did this to himself. A homeless man can't shoot a guy then say, "You can't arrest me. I'm homeless!".

However, if the guy was mentally retarded... I think that's forgivable.
 

Jumplion

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Mar 10, 2008
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Goldeneye103X2 said:
I guess with all those difficulties i could understand why he got so worked up about it. Still, with those difficulties, i guess it would be hard for him to stop himself.
Xanadu84 said:
Here's the big problem: what exactly amongst the conditions of Obsessive-Compulsive Disorder, Panic Disorder, Major Depression and Crohn's Disease caused him to behave in such a way that got him banned? None of those conditions have symptoms of, "turns you into an insufferable dick". Id like to see what got him banned, because unless Sony decided to ban someone for being too sad, they must have banned him for behaving trollishly. I think he is just trying to garner sympathy with a list of problems he has. I do love how he included Crohns though; I mean, I am straining my imagination to figure out a single situation where this is relevant. Does he really have to drag his intestines into this?
This insightful poster [http://www.escapistmagazine.com/forums/read/7.126375?page=8#2681998] breaks new light in this whole case. Just to inform you guys, this guy has these youtube videos of him harassing other players in HOME, Killzone 2, Resistance 1+2, Turok, and various other things, he is a troll pure and simple. And he wonders why he got banned for a month.
 

v3n0mat3

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Jul 30, 2008
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Playing the mental disability card, eh? Not the first time. I'm sorry, having such disorders is a pretty weak excuse for being a dick...
 

crazy-j

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Sep 15, 2008
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ya know sony should just give him an xbox 360 and tell Microsoft he is your problem now

*no fanboyism intended
 

FinalGamer

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Here's an idea, your disability doesn't mean you can be an asshole and we have to take it. Get an Xbox 360 and don't fuck up on Live or else you die more alone than ever for being the asshole you are.
 

munomana

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Jul 3, 2009
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That's ridiculous! How could he have agoraphobia and STILL talk to people on psn? I know agoraphobia is a delicate thing and all and this kinda will sound rash but how can someone sue because they cant go outside and make friends? I'm not sueing any airport soon just because I cant scream at the top of my lungs at a security checkpoint. "Step back!!!!!!!! I have a gun! Noone get in my way and everyone will be alright!" and not get tackled even though i was just kidding. Also you can't sue a person for having a closed elevator and no stairs in their house just because you're claustrophobic and you cant sue a ride for scaring you.
 

munomana

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Jul 3, 2009
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Anton P. Nym said:
Handicap plates don't make you immune from parking tickets. Sorry, Mr. Estavillo, but your condition(s) don't exempt you from the Terms of Use and Notices nor do they entitle you to act like a jerk.

Besides, PSN/Home isn't a public space or utility and Sony isn't a government agency, so the (US, by the way, which does not necessarily have jurisdiction here) First Amendment doesn't apply.

Warning: IANAL, nor do I play one on TV. This is not legal advice, just my understanding of the circumstances from my experience with Internet ass-clowns trying to hide behind the US Constitution from the consequences of their jerkitude.

-- Steve
Handicap plates also don't let you hit cars and little kids and puppies crossing the street and then sue the people for $55,000 for getting blood , bones, and bumper pieces all over your car
 

munomana

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Jul 3, 2009
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Tales of Golden Sun said:
America is indeed the land of the lawsuit.
And that isn't something to be proud of.
Where else can mcdonalds get sued for having hot coffee and jerry's subs and pizzas's be sued for a person not losing weight after eating half-a-million subs? Only in america can a boy get $55,000 for being an agoraphobic asshole. because if you think about that's what this case is if the guy wins, $55,000 for being a dick
 

Altorin

Jack of No Trades
May 16, 2008
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Freedom of Speech is one of the most misunderstood freedoms. It only applies to the government, and gives you the freedom to say whatever you want in public areas, and to speak out against your own government if you disagree.

It's a very important freedom, but it does not stretch to the private sector. If I own a business and you come into my business premises and start making an ass out of yourself and disturbing my customers, I have every right to throw you out. You can shout "It's a free country" on the way out, but that doesn't really apply - yes, it's a free country, but this business is mine, and as long as I'm working within the law, I have every right to run it however I see fit.

Same deal here.. If the guy has real agoraphobia I feel for him.. I'm a little agoraphobic myself.. but noone but the US government can "infringe on your right to free speech", because only when the government does it is it actually an infringement of that right.
 

Wini

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Feb 4, 2009
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Trivun said:
Oh boy, there's a way that Eggo can come back here now, not to mention all those damn /b/ trolls from the invasion several months ago. They just have to sue the Escapist. This will actually be quite a battle, since if the plaintiff wins then it'll have a baklash effect on almost all forums on the internet. Other trolls and so on will probably end up doing the same thing, and use this as precedent. Then we'll have problems.

As it happens I'm all for the guy if there wasn't an actual reason behind him being banned. I agree with Susan though, I would definitely like to see what he posted that got him banned. If he's innocent then fair enough. But if he was being a dick or trolling or flaming then it's right that he got banned, whatever problems he may have in real life. Hence, I guess it all depends on what was posted. That'll be the make or break factor in this case.



[small]DISCLAIMER: I am not a 'legal eagle' or any form of lawyer/solicitor/attorney/attorney-general/police-officer/judge/judy/jury/agony-aunt/uncle/or-anything-else-relating-to-law. I have no relation to Sony or any employee of Sony or anyone relating to Sony or otherwise affiliated with Sony. I do not understand legal jargon and have not played Phoenix Wright: Ace Attorney, though I would like to. I have no bets placed on the outcome of this trial, though am willing to offer odds of 2-1 on Sony winning. Any takers? Come on, 100-1 on the plaintiff being killed in accidental jury-nobbling. Or something like that.[/small]
Well he has removed the video from youtube where he was kicked and banned for abusing a mod, so the dipshit at hand deserves to lose.
 

Korolev

No Time Like the Present
Jul 4, 2008
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This case will not fly at all - if he can play resistance online, he must have an internet connection, right? Thus, he already has hundreds, if not hundreds of thousands of places tp communicate with people. Why doesn't he go on forums, why doesn't he go to message boards or chat to his Resistance buddies on MSN or Skype?

If he can only communicate with people via a PS3, well, that's honestly very, very..... VERY.... sad. Just plain sad - that someone would literally depend on the PSN for all his communication needs. I mean, it's bad enough when someone communicates exclusively through the internet - but to communicate exclusively through a......... video game console?

The laws of society cater to the mainstream. If we allowed everyone to sue because their particular sensibilites were offended, we'd quickly clog up the court system. For instance, if someone really, really, and I mean REALLY hates tomato soup and was accidently served tomato soup in a restaurant, does that give him the right to sue that restaurant into oblivion? No of course not. This poor, poor, sad young man, is on the fringe. Being banned from the PSN is obviously not pleasant, but for most people, even for most agoraphobics, it isn't the end of the world. We can't allow the legal system to cater for every hissy fit someone throws, especially not such a silly hissy fit.

Sony should, as some of the above comments have suggested, return the deposited money to this Estavillo person, as it is his and he didn't get to use it. But no additional money should be payed.

I don't understand how this kid (assuming he is a kid, because if an adult behaves like this, it's even more pathetic), got a lawyer in the first place. The terms and conditions for signing on to the PSN network are VERY clear. They can ban you for pretty much anything they want - hey it's a mostly free commercial service, not a public service, so the corporation that runs it gets to decide who gets to use it. This case doesn't have a chance in hell of succeeding, especially since Sony has, probably, at least a hundred high priced lawyers, and this kid's got one, probably not high priced lawyer.

He's wasting his time and his money. And he's welcome to waste his time and his money. He probably doesn't have anything else to do, considering he spends his all of his time indoors.
 

squid5580

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Feb 20, 2008
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Jumplion said:
livingnightmare said:
Send this shit to Sony or something, we've got a breakthrough! There is no doubt that this guy got whatever he deserved, if not less then what he deserved. Good researching buddy, you need a cookie, sugar or chocolate chip? Maybe peanut butter if I have some lying around.
Oh come on!!!!

He at least deserves an Oreo. That phonecall was epic fail. And he put it on youtube? That is what an epic fail to the 3rd degree? Hilarious and destroyed any resemblence fo a case he may have had. The big problem is it isn't his fault. I blame the parent. Mainly his dad "who knows the law." Well if anyone wants to let him know what a moron he really is he was so kind as to tell us his phone number.
This says it all

[http://img187.imageshack.us/i/internetgeeks.jpg/]
 

squid5580

Elite Member
Feb 20, 2008
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Korolev said:
This case will not fly at all - if he can play resistance online, he must have an internet connection, right? Thus, he already has hundreds, if not hundreds of thousands of places tp communicate with people. Why doesn't he go on forums, why doesn't he go to message boards or chat to his Resistance buddies on MSN or Skype?

If he can only communicate with people via a PS3, well, that's honestly very, very..... VERY.... sad. Just plain sad - that someone would literally depend on the PSN for all his communication needs. I mean, it's bad enough when someone communicates exclusively through the internet - but to communicate exclusively through a......... video game console?

The laws of society cater to the mainstream. If we allowed everyone to sue because their particular sensibilites were offended, we'd quickly clog up the court system. For instance, if someone really, really, and I mean REALLY hates tomato soup and was accidently served tomato soup in a restaurant, does that give him the right to sue that restaurant into oblivion? No of course not. This poor, poor, sad young man, is on the fringe. Being banned from the PSN is obviously not pleasant, but for most people, even for most agoraphobics, it isn't the end of the world. We can't allow the legal system to cater for every hissy fit someone throws, especially not such a silly hissy fit.

Sony should, as some of the above comments have suggested, return the deposited money to this Estavillo person, as it is his and he didn't get to use it. But no additional money should be payed.

I don't understand how this kid (assuming he is a kid, because if an adult behaves like this, it's even more pathetic), got a lawyer in the first place. The terms and conditions for signing on to the PSN network are VERY clear. They can ban you for pretty much anything they want - hey it's a mostly free commercial service, not a public service, so the corporation that runs it gets to decide who gets to use it. This case doesn't have a chance in hell of succeeding, especially since Sony has, probably, at least a hundred high priced lawyers, and this kid's got one, probably not high priced lawyer.

He's wasting his time and his money. And he's welcome to waste his time and his money. He probably doesn't have anything else to do, considering he spends his all of his time indoors.
He also said in his unauthorized recording of the phonecall video that he could get into the browser and do all that. Hell he could probably still play Resistance. He just can't access that money he put into his 1 account.