Agoraphobic PS3 Owner Sues Sony over PSN Ban

[LeonLethality]

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.

Amen why do people always want a money compensation for things like that I would just work to get re-instated, mission accomplished I'm sure it would be much easier to win that war than getting money.

 

[RazielDethAngel]

1)It is his fault for getting banned if he was being a dick.

2)The moderators had NO WAY OF KNOWING he was disabled so how are they biased?

3)$55,000 for getting banned, I would just unban his ban and that the little prat deal with it.

oh and

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.

 

[diddykonger]

to quote foamy "read the user agreement"

 

[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?

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?

 

[bue519]

*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?

There you go getting all confused again. Lesbian or not isn't the issue. Putting you are a lesbian in your profile is the issue. Or can you only be a lesbian if you put it in your profile?

Well, no I guess your sexual preference is all just a state of mind. But I fail to see why one should be punished for disclosing that kind of information.

For the same reason this guy got banned. It was a violation of MS code and conduct.

First line of it

The Code of Conduct outlines the rules that you need to follow to ensure that Xbox.com, Xbox LIVE, and Games for Windows - LIVE are fun for everyone.

What not to do:

Don't create a gamertag or motto that other users may be offended by, this includes comments that look, sound like, stand for, hint at, abbreviate, or insinuate any of the following: profane words/phrases, topics or content of a sexual nature, hate speech (including but not limited to racial, ethnic, or religious slurs), illegal drugs/controlled substances, or illegal activities.

Don't create a gamertag or motto that references controversial religious topics, notorious people, organizations, or sensitive current or historical events that may also be considered inappropriate.

And this is what she agreed to. Well there are other rules but they don't apply to that situation. It may seem like a silly reason to you. There are millions of people though. Some who feel homosexuality is offensive, a sin and lord knows what other reasons. It all comes back to where do your rights end and another's begin. It is begging for a fight just like it would be if I put in mine "practicing Satanist".

Perhaps your right. But, when does a company have to step in a protect their user from being harassed for something like this. I mean I could sympathize a bit more with those that banned her if she was trying to use X-box Live as a dating service. But, anyone with a half a brain could see that this harassment was targeted at at her. Plus in this day and age I thought that gays and lesbians were no big deal, and that perhaps Microsoft could not just be an over protective dick.
EDIT: I mean cmon so a lesbian can be your teacher, politician, or any other job. But they can't be your friend on x-box live?

 

[teutonicman]

Its interesting that the article doesn't say what he did to get banned. Also if he wins this could set an interesting precedent.

 

[bridgerbot]

This lawsuit is so stupid. He'd be better off either having him or a representative, call Sony, appologize, and ask for a second chance.

Treating it as a violation of 1st ammendment rights is also silly, PSN is a free service with terms of use he agreed to.

 

[sirdanrhodes]

Hang on, did he read the the little ToS thingy m-boby? No? It's like me saying "Oy, you Escapist pr*cks, I am gonna burn down your building" and then later saying "I was just using my freedom".

*Note to the moderators, it was purely hypothetical...

 

[Therumancer]

There isn't enough information on the subject. I can see if he was banned if his idea of "socialization" was "griefing other people".

Of course Mods being what they are, they might have been biased. There have been contreversis in a lot of games over a lot of things mods do on behalf of the company/game/community they happen to represent.

I guess it comes down to some of my early points and private citizens having too much power to control the freedom of speech held by others. Truthfully the goverment couldn't have banned him from a mass communication channel like that, but private citizens (even if they own the platform, or represent those that do) can do something so powerful like basically violate the constitution? It's a very interesting problem facing society. On some levels those mods just did something to a US citizen arguably the bloody President couldn't. Stop and think about that for a bit. What are the qualifications of these people? Well for all intents and purposes they were hired/recruited off the street by a company that manufactures game consoles...

At any rate, without knowing what his behavior was to make a desician about whether they were within the sort of rights even I agree with, it's hard to judge. I do however hope he wins and gets the ball rolling on some precedent.

 

[bowserboy26578]

His only social interaction you say, I guess Myspace and Facebook really are dead then...

 

[bridgerbot]

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.

Your conclusion is faulty. You can't take someone's money and not give them a product. It's not legal. Sony can waste as much paper as they want in saying it's non-refundable, but if they took his money and gave him nothing, he has every right to get it back. That particular part of the lawsuit he can actually win.

The rest of his claims about violating his first ammendment rights is a bunch of non-sense, it's a free service and he violated their conduct policies (that part they can win easily).

 

[MR.Spartacus]

To bad it doesn't say why exactly he got banned. It's not like he didn't agree to abide by the various rules of engagement when he signed up though. Me thinks his real social problems stem from him being a dick you'd pretty much have to go out your way to get banned. In a decent world this would be laughed right out of the courtroom.

 

[NeoDeath90]

There really isn't free speech anymore. Sure, you have the right to say whatever you wish, but a message board has rules, and therefore laws of whatever social network you're using. By breaking a rule, you break a law, and no amount of "free speech" is going to cover up the fact that you just broke the law.

 

[sneak_copter]

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

I'd politely ask for it back, I would'nt take them to court over it.

 

[bridgerbot]

Perhaps your right. But, when does a company have to step in a protect their user from being harassed for something like this.

The company should not have to step in, that's why they made their TOS they way they did. No illegal drug comments, no sexual content, no religion... blah blah blah.

...and that perhaps Microsoft could not just be an over protective dick.

Perhaps she could just follow the rules like everyone else.

EDIT: I mean cmon so a lesbian can be your teacher, politician, or any other job. But they can't be your friend on x-box live?

Ya, I'll play with lesbians, but I expect them to follow the same rules that I have to follow, they don't get special treatment. So how about they don't make any statements that they have sex with women, and I won't make any statements that I have sex with women, and *together* we'll go blow the crap out of alien monsters?

 

[the jellyman]

I can understand why he may have been banned. With that many mental disorders, he's unlikely to be on the stable and rational side. On the other hand, is anybody on the PSN or Xbox live ever very stable? (Except the forty or fifty people who will likely respond to this with hostility because apparently they are).
In all seriousness, I knew a guy who had a full deck of add, adhd and peanut allergies and spending ten minutes trying to play anything with him running about would be enough to make me start cutting. Sometimes, people are just looking for attention and this guy clearly needs it by the spadeload. They should give his money back and tell him to get used to singleplayer.
EDIT He's apparently depressed, this may be a cry for help. In that case, give him the account back with the minimum of fuss

 

[squid5580]

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.

Well not Resistance (since I don't own a PS3) but games similar to it help me control my schitzophrenia and keep me off meds. Which means I get to live without feeling like I am doing it underwater. My psychiatrist thinks it is a great alternative. She said that it keeps me focused.

 

[akwardwhistle]

I hope he knows that there is a crowd at a court room.