Judge Able to Resist PSN Lawsuit

October 1, 2009 -

The case of a gamer who sued Sony Computer Entertainment America (SCEA) over being banned from the PlayStation Network has been tossed out of court.

After being banned for “multiple violations” on PSN, the Resistance: Fall of Man player Erik Estavillo had sued SCEA for violating his First Amendment rights (for the PSN ban) and for money he had invested into the PSN Wallet Fund. He sought $55,000 and an injunction that would limit SCEA from banning any players in any form on the network.

Northern District of California District Judge Ronald M Whyte ruled that there was no plausible First Amendment claim for relief stated and dismissed the case.

The Technology & Marketing Law Blog (via Gamasutra) zeroed in on one specific comment of Whyte’s, that “Sony's Network is not similar to a company town.” Blogger Eric Goldman wrote:

…this opinion emphatically rejects a meme that has become pretty popular among virtual world exceptionalists. Some exceptionalists have favored the company town analogy because it enable virtual world customers to reduce an operator's ability to run its business capriciously.

A PDF version of the Order Granting Defendant's Motion To Dismiss is also available on the aforementioned blog.


Comments

Re: Judge Able to Resist PSN Lawsuit

And here I was hoping that Sony would countersue for legal fees and slander/libel/defamation/etc and that the judge would rule for Sony.

 

Or at least rule that the little snot take a f***ing class in government!

Re: Judge Able to Resist PSN Lawsuit

This idiot should have to pay Sony's legal fees for being a dumbass and his lawyer disbarred for taking on such an obviously wrong argument.

Re: Judge Able to Resist PSN Lawsuit

So does this mean MS have a green light to ban gays for saying they are gay in their ID?

--------------------------------------------------

I LIKE the fence. I get 2 groups to laugh at then.

-------------------------------------------------- I LIKE the fence. I get 2 groups to laugh at then.

Re: Judge Able to Resist PSN Lawsuit

The judge that tossed this suit is the same judge that ruled California's anti-game law unconstitutional.

Geaux Saints, Geaux Tigers, Geaux Hornets, Jack Thompson can geaux chase a chupacabra.

Geaux Saints, Geaux Tigers, Geaux Pelicans. Solidarity for the Saints = No retreat, no surrender. 2013 = Saints' revenge on the NFL. Even through the darkest days, this fire burns always.

Re: Judge Able to Resist PSN Lawsuit

...so can Microsoft start banning the homophobes and racists from XBL already?  This is kind of a green light for Sony, Microsoft and pruveyors of other similar services.

Re: Judge Able to Resist PSN Lawsuit

If you banned all those people, Zerodash, the player count on the entirety of XBL would be down to about 23. As much as I hate those annoying...individuals, I don't want to have to play with the same 23 people every day.

Re: Judge Able to Resist PSN Lawsuit

You are, of course, assuming that you're one of those 23, eh?

Personally, I don't think swearing or using racial slurs and other slurs makes you a 'racist' or a 'homophobe' on XBL.  It just means that you chose one way to offend and annoy people over another.

Re: Judge Able to Resist PSN Lawsuit

And kill all the geese that lay the golden eggs? Doubtful.

Re: Judge Able to Resist PSN Lawsuit

Much like how claims came fro ma certai nex lawyer that GP violated his first amendment rights, he wasn't in a public park acting like an ass, so Sony had every right to ban him on their PRIVATELY owned network.

Re: Judge Able to Resist PSN Lawsuit

Remind me to not to forward anymore stories to GP.

--------------------------------------------------

I LIKE the fence. I get 2 groups to laugh at then.

-------------------------------------------------- I LIKE the fence. I get 2 groups to laugh at then.

Re: Judge Able to Resist PSN Lawsuit

Definitely. Online networks are just like any other buisness. How about a restaurant analogy? They reserve the right to refuse service to anyone, and the right to ban unruly customers from the premises.

Re: Judge Able to Resist PSN Lawsuit

Saw that coming. But really, good for that judge.  The complainant had it coming.

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
ConsterApparently Pence intends to amend SB101 so denying service isn't allowed - without explicitly protecting LGBT+ and while still allowing the many other things you can get away with now if it's motivated by your religious beliefs.03/31/2015 - 11:53am
MaskedPixelantehttp://mynintendonews.com/2015/03/30/rumour-nintendo-direct-on-april-1st/ A supposed full leak of tomorrow's Nintendo Direct, so you can all laugh and laugh about how wrong it is.03/31/2015 - 11:35am
PHX Corphttp://kotaku.com/why-a-tekken-7-character-is-being-called-a-phoney-1694724959 Why a Tekken 7 Character Is Being Called a Phoney03/31/2015 - 10:08am
Michael ChandraArgh. Anyway, I'm glad that move was made. Wonder if it counts, can he just declare it like that? 03/31/2015 - 9:27am
ZenConster - Good, it's a BS law that exists to just allow hate basically. Glad people are standing up to it. Sadly it should never have passed to begin with though.03/31/2015 - 8:39am
ZenNintendo Direct tomorrow it seems. Funny it will be on April 1st lol. http://www.ign.com/articles/2015/03/31/nintendo-direct-announced-for-tomorrow03/31/2015 - 8:38am
MaskedPixelantehttp://www.destructoid.com/chris-charla-would-love-to-see-no-man-s-sky-on-xbox-one-289761.phtml Apparently Microsoft's famous "parity clause" doesn't apply if they thing your game will make them tons of money.03/31/2015 - 8:00am
ConsterBasically, he's claiming there's a state statute that allows him to invoke section 2 of SB101 and be exempt from it.03/31/2015 - 5:48am
Conster"..military service veteran status, and any breach of this policy shall continue to be considered a material breach of the relationship with the City."03/31/2015 - 5:09am
Conster"no vendor, contractor, grand recipient, or anyone receiving public funds or benefits of any kind shall discriminate on the basis of race, religion, color, disability, sexual orientation, gender identity, national origin, ancestry, age, or United States..03/31/2015 - 5:08am
ConsterGen Con is in Indianapolis, right? Because its mayor signed an executive order that discrimination against LGBTQ (and other groups) is still not allowed: http://www.huffingtonpost.com/2015/03/30/greg-ballard_n_6972928.html03/31/2015 - 5:07am
Andrew EisenTo the surprise of no one, that HD remake of the first level of Super Mario 64 has been DMCA'd. http://mario64-erik.u85.net/Web.html03/30/2015 - 10:54pm
MaskedPixelantehttp://www.destructoid.com/dark-souls-ii-scholar-of-the-first-sin-upgrade-and-pricing-systems-detailed-289743.phtml Dark Souls 2 pricing revealed, is only mildly confusing.03/30/2015 - 6:02pm
MaskedPixelantehttps://twitter.com/yugiohtas/status/582642955489431552 Roger Slifer sent to the graveyard.03/30/2015 - 3:49pm
james_fudgeEZK: it sounds like a carry-over bug from Demon's Souls.03/30/2015 - 1:29pm
Andrew EisenJust watched a clip of one of his correspondent appearances on The Daily Show. Seems like he'll be a good fit.03/30/2015 - 1:26pm
MaskedPixelantehttp://www.nytimes.com/2015/03/31/arts/television/trevor-noah-to-succeed-jon-stewart-on-the-daily-show.html The Daily Show with Trevor Noah.03/30/2015 - 1:17pm
E. Zachary KnightApparently there is an item duping glitch in Bloodborne. I loved those glitches in old Final Fantasy games. They were great. Nothing like infinite Excaliburs for Ninja's to throw.03/30/2015 - 12:58pm
Papa Midnightis no market for these games. There will be no intreospection whatsoever. It's either that or they blame piracy.03/30/2015 - 11:35am
Papa MidnightI'd like to take this time to reiterate the utter mess of a PC port that is Dead or Alive 5, which is missing significant amounts of features on PC in comparison to it's console counter-part. When sales go poorly, I'm certain the excuse will be that PC03/30/2015 - 11:34am
 

Be Heard - Contact Your Politician