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?

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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.

 
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Andrew EisenHmm, that sounds like a great idea for a series of articles! I bet they'd be well-received and not taken the complete wrong way at all!10/30/2014 - 11:12am
Andrew EisenThat's right, gamer simply means one who plays games. That's it. The idea that "gamer" refers to something very limited and specific, well, that's no longer applicable in this day and age of mainstream gaming.10/30/2014 - 11:12am
Andrew EisenMatthew - As I said last night, that is not a bad thing. Different types of reviews to serve different interests is a GOOD thing and should be encouraged! There is not, nor should there be, only one way to review a game or anything else.10/30/2014 - 11:01am
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E. Zachary KnightNeeneko, Matthew, yeah, there is no "wrong" way to review a game. It all depends on who the reviewer wants reading the review.10/30/2014 - 10:48am
quiknkoldhas their own stream, you are a gamer. I think the only prerequiset is to Play Games for Enjoyment10/30/2014 - 10:21am
quiknkoldI always felt the Gamer Identity was expressing an enthusiasm for Gaming in general. There are different degrees to that. If you say "I love this game and play it, lets see what else" with Ipad game, you are a gamer. If you are a retro game collector who10/30/2014 - 10:20am
NeenekoIt is long overdue, and things will probably settle down when they accept that the industry does not cater to them and them alone and go back to posturing within their own subculture.10/30/2014 - 10:10am
NeenekoThe community has always been split, with many factions within it, and they used to not interact all that much. Now they are having to confront they are not alone and thus not the one twue gamer identity.10/30/2014 - 10:09am
CMinerMW: The two are not mutually exclusive.10/30/2014 - 10:05am
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NeenekoIt is a wonderful example of the heart of the issue, people accustomed to being part of defining value slamming into people who have other values.10/30/2014 - 9:53am
E. Zachary KnightAlso, this is a hillarious view of Kickstarter "Fine, still doesn't justify taking people's money they gave her to do a project for herself." talking about Sarkeesian.10/30/2014 - 9:35am
MaskedPixelantehttps://twitter.com/DanSlott/status/527814374459977728 One More Shot at Marriage.10/30/2014 - 8:44am
E. Zachary KnightApparently, it is ok to review a games art on whether or not you like the style, but not ok to review a game's story or theme based on whether or not you like or agree with it.10/30/2014 - 8:40am
MechaCrashComics never change because the people in charge now read comics when they were kids, and keep reverting comics to what they remember. As long as that cycle holds, change will be slow at best.10/30/2014 - 8:18am
Neeneko@ MechaTama31 - That is the big reason fansubs were tollerated for so long in the US, japanese studios kept watch to see which ones became popular via those networks.10/30/2014 - 8:11am
quiknkoldJournalists shouldnt be bigger than the stories they report or products they review.10/30/2014 - 7:48am
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