In Lawsuit, Banned Resistance Player Alleges that Sony Violated Free Speech and Stole His Money

July 21, 2009 -

A PlayStation 3 gamer has filed suit in U.S. District Court in California, alleging that SCEA suppressed his free speech rights and caused him pain and suffering by banning his account on the PlayStation Network.

In a complaint filed on July 6th, Erik Estavillo of San Jose writes that he his disabled by a variety of disorders; among these are agoraphobia, a fear of crowds:

The pain and suffering was caused by the defendant, Sony, banning the plaintiff's account on the PlayStation 3 Network, in which the plaintiff relies on to socialize with other people, since it's the only way the plaintiff can truly socialize since he also suffers from Agoraphobia...

Estavillo's issues with SCEA apparently stem from his play of the PS3 hit Resistance: Fall of Man:

The ban is supposedly due to the behavior of the plaintiff when he plays the video game "Resistance: Fall of Man," which Sony owns and employs moderators for its online play. These moderators kick and ban players that they feel are deserving; though their biases to a player seem to be what determines the kick or ban...

 

The plaintiff was exercising his First Amendment Rights to Freedom of Speech in the game's public forum when he was banned from, not only [Resistance], but also banned from playing all other games online via the PlayStation Network...

Estavillo also claims that the PSN ban amounts to a theft of his pre-paid points:

The plaintiff...cannot access [his] money when a moderator from Resistance and Sony gives a player a arbitrary wide-range ban... which in essence, is stealing money from the player...

Estavillo also argues that the EULA for online play of Resistance is ineffective in blocking players under the game's recommended age of 17, although it's unclear how this fits into his claim.

In his request to the court, Estavillo, who appears to be unrepresented, asks that SCEA be enjoined from banning players. He also seeks $55,000 in punitive damages.

To date, SCEA has not filed a response with the Court. GamePolitics has requested comment on the lawsuit from SCEA.

DOCUMENT DUMP: Grab a copy of Estavillo vs. SCEA here...


Comments

Re: In Lawsuit, Banned Resistance Player Alleges that Sony ...

Resistance was made by the same people who made Ratchet and Clank.

Re: In Lawsuit, Banned Resistance Player Alleges that Sony ...

SOE did customer service for FFXI at their San Diego office. Back then EQ, SWG, and FFXI customer service was all in the same building.

Re: In Lawsuit, Banned Resistance Player Alleges that Sony ...

Weird.  Since FFXI was multiplatform, I would have guessed that Square would have handled the customer service across all platforms instead of letting SOE handle it.  Do you know if Microsoft handled FFXI customer service on the Xbox?

First secure an independent income, then practice virtue. -Greek Proverb

First secure an independent income, then practice virtue. -Greek Proverb

Re: In Lawsuit, Banned Resistance Player Alleges that Sony ...

No, I think Josepth4th is mistaken about FFXI, SOE wern't involved in that game at all. Customer service for all versions of FFXI was handled by PlayOnline which is Square's company.

Re: In Lawsuit, Banned Resistance Player Alleges that Sony ...

Unless I'm very much mistaken, the first amendment refers only to the government, doesn't it?

Private companies can do as they wish.

"We never paid any heed to the ancient prophecies... Like fools we clung to the old hatreds, and fought as we had for generations"

"We never paid any heed to the ancient prophecies... Like fools we clung to the old hatreds, and fought as we had for generations"

Re: In Lawsuit, Banned Resistance Player Alleges that Sony ...

Yes.

Re: In Lawsuit, Banned Resistance Player Alleges that Sony ...

Not to suggest that Mr. Estavillo has a legal leg upon which to stand, but it's not necessarily so cut and dried. Yes, a valid claim of an abrigement of a First Amendment right does require so-called "state action." But that requirement of state action could, in some circumstances, be satisfied by the action of a wholly non-government entity provided they are acting for and with the approval of the government. For example, if a state univeristy campus has been used as a "public forum," then the public is entitled to reasonably use that forum for the expression of speech (which is why crazies like Fred Phelps like to set up shop on the campus of the University of Kansas). If, for example, a private security firm employed by the university was to unreasonably drag a speaker off the campus in mid-speech, then that action by the non-government entity (i.e., the private security firm) could well be attributable to the state university as one done by its agent with their approval. If so, then the requirement of state action is satisfied.

A similiar notion is expressed in 42 USC 1983 which forbids the violation of a person's civil rights by another person "acting under color of state law." It's also called the Klu Klux Klan Act and has its genesis in the fact that during post-Reconstruction the Klan was often used by the Southern states as unofficial agents for depriving the newly-freed slaves of their civil rights. That the Klan was facially a private organization didn't matter, as long as their actions were with sanction of the state (the county sheriff by day often being a Klan member by night). 

Re: In Lawsuit, Banned Resistance Player Alleges that Sony ...

In both of those examples, there was a state presence, whether being on public sanctioned land as in the first example, or by being a public representative as in the second part. In the case of this, there was no state presence exhibited. At no point is anyone in authority working for the state nor is any public sactioned land or state property being used.

Not dismissing your statements, just clarifying how futile his claim is. Personally, I would think any decent lawyer would look at this, say "are you f---ing kidding me?" and drop any involvement in the case.

Re: In Lawsuit, Banned Resistance Player Alleges that Sony ...

"Not to suggest that Mr. Estavillo has a legal leg upon which to stand" was my more charitable way of saying that he's got to be f---ing kidding me.

 
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ZippyDSMleePaypal shuts down Mega's payment system. https://torrentfreak.com/under-u-s-pressure-paypal-nukes-mega-for-encrypting-files-150227/03/01/2015 - 3:25pm
Matthew Wilsonvalvle planning to release a vr headset this year wtf http://www.pcgamer.com/valves-vr-headset-is-named-vive-and-htc-are-making-it/03/01/2015 - 1:05pm
ZippyDSMleeuuuhhhggg in other news been sick since last night.....uuhggg.....I iwsh it did not hurt so much when my tummy wants to leave my body..02/28/2015 - 11:39pm
ZippyDSMleeBrings me to the Q why alt costumes would be needed in competition anyway... http://www.eventhubs.com/news/2015/feb/28/dead-or-alive-community-aims-ban-over-120-overly-sexualized-costumes-dead-or-alive-5-last-round/02/28/2015 - 11:36pm
MonteThough from a business side, i would agree with the article. While it would be smarter for developers to slow down, you can't expect EA, Activision or ubisoft to do something like that. Nintnedo's gotta get the third party back.02/28/2015 - 4:36pm
MonteThough it does also help that nintendo's more colorful style is a lot less reliant on graphics than more realistic games. Wind Waker is over 10 years old and still looks good for its age.02/28/2015 - 4:33pm
MonteWith the Wii, nintnedo had the right idea. Hold back on shiny graphics and focus on the gameplay experience. Unfortunatly everyone else keeps pushing for newer graphics and it matters less and less each generation. I can barely notice the difference02/28/2015 - 4:29pm
MonteON third party developers; i kinda think they should slow down to nintendo's pace. They bemoan the rising costs of AAA gaming, but then constantly push for the best graphics which is makes up a lot of those costs. Be easier to afford if they held back02/28/2015 - 4:27pm
Matthew Wilsonhttp://www.forbes.com/sites/insertcoin/2015/02/28/the-world-is-nintendos-if-only-theyd-take-it/ I think this is a interesting op-ed, but yeah it kind of is stating the obvious.02/28/2015 - 2:52pm
prh99The government probably doesn't need an app, but I was think more along the lines of a company that was going to sell the collected info. “If you're not paying for the product, you are the product” sometimes even if you pay.02/28/2015 - 1:50pm
E. Zachary KnightWhat better way for the government to keep track of you than to get you to install an app that lets you insult the government.02/28/2015 - 11:03am
prh99No, but I looked it up and it's basically spyware. Their privacy policy says their apps tracks among other things your location and browsing habits via cookies.02/28/2015 - 8:20am
Ryan RardinHas anyone here heard of an app called iCitizen? It's basically Yelp for politicians.02/28/2015 - 5:16am
Andrew EisenAh, not linked in the way you (and everyone else) want and expect. That's true.02/27/2015 - 10:06pm
Matthew Wilsonthey are not linked in a way that tracks purchases though. the fact that they have to send a code for the other system shows that they are not linked in the way it counts.02/27/2015 - 9:39pm
Andrew EisenAccounts are already linked. Have been for quite a while. Also, Mario vs. Donkey Kong was announced as a cross-buy title during last January's Nintendo Direct.02/27/2015 - 9:25pm
Matthew Wilsonhttp://www.vg247.com/20…/…/27/olli-olli-3ds-wii-u-cross-buy/ I wounder if this is a sign that Nintendo may finally link accounts across the 3ds/wiiu in the near future.02/27/2015 - 9:18pm
prh99http://www.romanoriginals.co.uk/invt/70931?colour=Blue The dress does comes in white and blue but both have black lace and a sheer back top, I don't see gold or brown. 02/27/2015 - 8:54pm
ZippyDSMleeDungeons was a so bad so good game to me so I been keeping up with its sequel which will more of a Dungeon Keeper clone. As for pre order out of 7 preorders I was not burnt by 2... Add my contempt of most of modern game design.Ya I have all kinds of hurt.02/27/2015 - 8:40pm
MechaTama31I don't even want to know...02/27/2015 - 8:22pm
 

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