Agoraphobic PS3 Owner Sues Sony over PSN Ban

[SmogCzar]

Firstly, I think fear of crowds is actually demophobia (at least that's what the Call of Cthulhu rpg book's section on phobias says).
Secondly, as pointed out by several others, you sign an agreement when sign up, so he's breached that if he's behaved wrong.

Got this on the Mayo Clinic website [link]http://www.mayoclinic.com/health/agoraphobia/ds00894[/link]

"People with agoraphobia often have a hard time feeling safe in any public place, especially where crowds gather."

 

[gibboss28]

If you want to play, you have to follow the rules. No exceptions.

I was actually going to say the same thing. Rules are Rules

And if we had no rules where would we be? That's right! France!

...sorry I had to use an Al Murray line.

Anyway I wanna see what he got banned for before I make my mind up on whether or not the kid was an asshat or that sony screwed him over.

 

[Wargamer]

It seems Agorophobia also prevents you from reading the Terms and Conditions of the PSN...

 

[Starke]

Firstly, I think fear of crowds is actually demophobia (at least that's what the Call of Cthulhu rpg book's section on phobias says).
Secondly, as pointed out by several others, you sign an agreement when sign up, so he's breached that if he's behaved wrong.

Got this on the Mayo Clinic website [link]http://www.mayoclinic.com/health/agoraphobia/ds00894[/link]

I think it's sometimes semi-formally used to refer to fear of social interaction. Though my psych textbook says fear of crowds. (CoC's probably technically correct.)

"People with agoraphobia often have a hard time feeling safe in any public place, especially where crowds gather."

EDIT: or I could notice that I was typing above the close quote tag...

 

[pirateninj4]

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.

All this except the sympathy. Get help for your problems or fuck off. Playing video games is not a suitable alternative to real human contact.

Actually video games can be an effective tool to help some mental disorders.

Yes, I'm sure that Resistance: Fall of Man, a game where you blow aliens to pieces, is a good tool to help with mental disorders. This guy is playing the "Oh woe is me I'm a poor widdle kid with real life problems" victim card to get an easy payout. No pay, no sympathy and despite the fact that SOME video games might be helpful, that fails to prove that they are better than real human contact.

Also, with agrophobia, I'm sure that there are support groups out there for that kind of mental illness, if that is indeed what he has. It smacks of self manifested illness to me. The kind of illness where if you believe it long enough, it actually becomes real.

 

[Graustein]

Oh for fuck's sake.

You do not have freedom of speech on a public forum. When you sign up, you agree to abide by their rules, and they reserve the right to ban you if you violate those rules. It's as simple as that. The rules are not to be lifted just because you have a mental disorder and being banned would cause you to suffer more than the average person. If that's the case, then the onus would be on you to avoid getting banned, hmm?

Of course, I don't know what he did to deserve being banned. It may very well be true that he didn't deserve it, which still isn't grounds to sue them in my book.

They technically stole his money, seeing as how he is unable to access it.

Theres nothing in the Terms of Use that says sony is allowed to do that.

He can argue that point all he want. I'd be all in favour of him getting his money back. He is perfectly justified in trying to get his money back if that is the case.

However, that in no way justifies the entire rest of his lawsuit.

 

[Chipperz]

OK, let's make a list of everyone this kid is making look bad!

Americans
PSN Users
Agoraphobes
Really, anyone with disabilities

This kid (I know it's been said he's an adult, but I refuse to believe an adult thinks like this) must SURELY be aware that American law only applies in America, and that Japanese companies most likely wipe their arses with the American Constitution? Also, what about the hundreds or thousands of agoraphobes that deal with their disabilities or don't act like jackasses in online forums? What makes this kid more special than everyone else?

 

[The Bandit]

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's the only legitimate complaint. If he violated their terms of service, he's just screwed, but he does deserve to get some type of refund.

 

[Mackinator]

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

I can see where you get that opinion from, but wouldn't you get a little dickish if someone banned you from something that you have invested money into that you have got no use from it? He had purchased PSN wallet stuff which he couldnt even touch after he was banned.

As for the case, I am nearly sure Sony can blame his loses on breaking of rules he probably agreed to somewhere down the line.

 

[cobra_ky]

i want to know what Crohn's disease has to do with this. if an NFL quarterback can get a foot of intestine removed and go back to work, i think this guy can manage to leave his house.

Kinda reminds me of another news story floating around here.

 

[Agent Larkin]

Im gonna support the Plantiff on this one.

May i ask why?

If he has the medical evidence to back up his situation than I can understand why he would sue. Also he is an American so they always sue for minor reasons for lots of money.

 

[Ghost]

he could use that money to buy an xbox and get xbox live. Or he could make a new PSN thing?

He's only trying to get rich quick...

 

[Gerazzi]

Spoiler: Previous quotes

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

Because the 360 only bans you if your gay.

Correction MS bans you for breaking the rules. Don't confuse one with the other.

So being not a lesbian is a rule?

I'm terribly confused, but I have been dying to link to this video [http://www.collegehumor.com/video:1907543]

Did they ban lesbians once? For what reasons?


Also, if he was banned from Resistance it would take a lot.

I reported someone once for racist and sexist comments, not to mention generally being the kind of person who was just taking a break from trolling /b/.
He never got banned and I had to put him on my ignore list in order to keep it under control.

/rant.

There are also EULAs and things like that, so the lawsuit won't go through

http://www.joystiq.com/2009/02/26/consumerist-self-identified-lesbian-banned-from-xbox-live/
boosh

eh? But they would do the same thing if someone put any sexual gamertags on.
So I don't see the issue here.
Can you point it out? I feel stupid.

 

[farmerboy219]

i think he should get his psn back but not get any money thats ridiculous

 

[BehattedWanderer]

Sounds like he got banned for a reason--mods don't cut you off completely unless you're in repeated violation of the rules. Suing SCEA for 55K is only detrimental in any case, because even if you do win, that's a good amount of cash that just got stripped from operational costs, production funds, and employee checks--cutting into any of which will just hurt the games that we all love.

Oh, and how the hell does he go to UCLA and maintain his agaoraphobia? It's not exactly a community college--that's some big classes, with big crowds. Inconsistency, anyone?

 

[rason]

"Venue: Venus is appropriate in this court..."

Wait, what?

 

[RikSharp]

from the PSN EULA:

5. WALLET
All access to content may only be purchased from SCEA using funds from the PSN wallet, where available. All purchases made by the Sub Account or the Master Account must be made through a PSN wallet that is automatically associated with a Master Account. A Sub Account does not have its own separate wallet. Master Accounts can set a maximum spending amount for each Sub Account, effective at the beginning of the following month. A Master Account holder can fund the PSN wallet up to a maximum amount determined by SCEA ("Limit"), using either (i) a credit or debit card; (ii) a prepaid card or promotional code where available; or (iii) other payment methods approved by SCEA and made available from time to time in each specific country. SCEA reserves the right to refuse purchase of any wallet funds for any reason. Except as otherwise permitted by applicable law or as expressly provided in this Agreement, funds added to the wallet are non-refundable and non-transferable. Purchases of access to content are not refundable. Wallet funds have no value outside PSN and can only be used to purchase access to content from SCEA through PSN. Subject to applicable law, wallet funds that are deemed abandoned or unused by law will not be returned or restored.

ergo, he deserves NO refund for unspent monies in the wallet.

and:

13. TERMINATION / CANCELLATION
If SCEA determines in its sole discretion that you have violated any term of this Agreement, the Usage Terms, or any other terms and conditions connected with PSN or have otherwise injured or damaged the PSN community, SCEA may take all actions to protect its interests, including termination or suspension of your PSN account (both the Master Account and any associated Sub Accounts), automatic removal or blockage of the content, implementation of upgrades or devices intended to discontinue unauthorized use, or reliance on any other remedial efforts as necessary to remedy the violation. If your breach is in connection with content that you have downloaded, you must immediately cease use of such content and delete all copies from all of your devices. Upon termination for any reason, you will not receive a refund for items, value accumulated on in-game items or any unused balance in your wallet except as expressly provided in this Agreement and to the extent permitted by applicable law. Any game ranking or scores, or information in connection with PSN will not be retained or accessible by you or your associated Sub Accounts. SCEA reserves the right to bring legal action and to participate in any government or private legal action or investigation relating to your conduct, which may require the disclosure of your information. Unless as otherwise stated in this Agreement, SCEA, at its sole discretion, may indefinitely suspend, or discontinue any and all online access to content at any time, including for maintenance service or upgrades, without prior notice or liability.

without knowing why he was banned, i cannot comment further.

 

[CyberAkuma]

If these are the kind of people who are crowding the console online experience, I am terrified of connecting to any online service.
Seriously. These kind of people are the main reason of the I.Q degeneration among online gaming.

If this is the guys only way of communicating with the outside world, he would better damn make sure he doesn't get banned.

Little keyboard warrios like this douchebag should not be allowed online. Period.

 

[CheeseSandwichCake]

The kid should be banned from life.

He sorta already is, isn't he? xD