Agoraphobic PS3 Owner Sues Sony over PSN Ban

[Quadtrix]

The kid should be banned from life.

 

[Pumpkin_Eater]

The EULA should be enough to deflect the suit itself, but I find it amusing that he's too agoraphobic to setup a new account, but not to bring bring Sony into court.

 

[deathyepl]

FWIW, the 1st amendment does NOT apply to forums owned by corporations any more than it applies to forums owned by individuals. The 1st amendment refers to the GOVERNMENT not being allowed to abridge your right to free speech (although there are also limitations on that). I can't believe his lawyer is actually pursuing this, he knows he can't win, he's just taking the guy's money.

 

[squid5580]

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.

That is the question I would like to see answered as well.

I do think that Sony does have a responsibility to give him back his money for the points. If it were up to me I would gladly pay the 20 bucks just for the good publicity. Although I do have to question if there isn't a clause in there somewhere that states if you get banned you lose your points. If that is the case then he is SOL.

I wonder how long it will be before these companies just quit. Or at the very least forget all online components to all thier games. You give everyone a set of rules to abide by, someone breaks said rules, get banned and then have the balls to sue.

Kinda reminds me of another news story floating around here.

 

[similar.squirrel]

The amount of players that Resistance 2 multiplayer can host might trigger agoraphobia.

 

[ike42]

This kid is just throwing money away on a lawyer. How could he possibly think that free speech applies in a private forum? Also there's the whole having to agree to terms of use before being granted an account. I mean what lawyer would even take that case? If I were a judge I would throw it out.

Also, how is an agorophobe going to be able to make it to court?

 

[Pumpkin_Eater]

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

Evade the ban. It may be expensive with PSN (I don't know what you'd have to buy to set up a new account) but I guarantee it's cheaper than losing a frivolous law suit, not to mention quicker and easier.

 

[Jumplion]

1. While he may suffer from many disabilities, there is no reason why he can't control himself and keep himself from acting like a dick online (We can only assume he was behaving inappropriately). He may have severe OCD, but I don't see how that lets him act like a dick (again, assuming that's why he was banned)
2. There are plenty of other social sites that are not PSN where you can communicate online without crowds.
3. First Amendment bullcrap argument again. You signed Sony's Terms of Service, they are a privately owned company, centered in Japan no less, therefore your American rights do not transfer online. Not to mention screaming profanities (again again, this is the easiest thing to assume) kind of abuses your 1st Amendment rights. Your rights end where mine begin.

While I sympathize with him slightly for his disabilities, that's obviously just a trick to gain sympathy from the Jury or Judge or whatever. Pointless lawsuit is pointless.

 

[Frank_Sinatra_]

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

Yeah, also when you are on PSN you must adhere to the Terms of Use and Agreement. I'm sure somewhere in that document it states that you can't just go blabbing anything at all.

 

[SeventhSeraph]

I've got OCD too, regarding germs. Although I make a point to be polite when I ask people to wash their hands wash their hands oh dear God wash their hands okay now you can touch it.

Though they tend to get a bit irked anyway, for what should be obvious reasons.

 

[Aardvark]

Sony were right to ban him. People who'd file a lawsuit over a banning or anything else as banal as this are the kind of people I wouldn't want in any social network or situation.

I hope they manage to get testimony from the players he was abusive towards, expressing their anguish and distress at having some lawyer-happy, unbalanced shut-in abusing them while they're trying to enjoy a game.

 

[Namulith]

Did they stop teaching the Bill of Rights in schools now or are kids just to stupid to actually read what it says? The First Amendment is not a license to be a dick anywhere and everywhere.

 

[Anton P. Nym]

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

 

[rated pg]

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.

Ah but a lot of times lawyers will ask for far too much in an attempt to force big corporations to settle out of court rather than tie up that much in assets in the event that they lose the case. So might just be trying to convince them to do the smart thing and just reach a deal.

 

[cavsfan69]

you have to accept their terms when you first sign up for PSN, and I assume that any company with a brain would reserve the right to ban people for inappropriate conduct in that.

 

[GonzoGamer]

*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?