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.

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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

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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MaskedPixelanteNumber 3: Night Dive was brought to the attention of the public by a massive game recovery, and yet most of their released catalogue consists of games that other people did the hard work of getting re-released.04/17/2014 - 8:46pm
MaskedPixelanteNumber 2: If Humongous Entertainment wanted their stuff on Steam, why didn't they talk to their parent company, which does have a number of games published on Steam?04/17/2014 - 8:45pm
MaskedPixelanteNumber 1: When Night Dive spent the better part of a year teasing the return of true classics, having their big content dump be edutainment is kind of a kick in the stomach.04/17/2014 - 8:44pm
Matthew Wilsonhttp://www.giantbomb.com/articles/jeff-gerstmann-heads-to-new-york-takes-questions/1100-4900/ He talks about the future games press and the games industry. It is worth your time even though it is a bit long, and stay for the QA. There are some good QA04/17/2014 - 5:28pm
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MaskedPixelanteNot that linkable, go onto Steam and there's stuff like Pajama Sam on the front-page, courtesy of Night Dive.04/17/2014 - 4:13pm
Andrew EisenOkay, again, please, please, PLEASE get in a habit of linking to whatever you're talking about.04/17/2014 - 4:05pm
MaskedPixelanteAnother round of Night Dive teasing and promising turns out to be stupid edutainment games. Thanks for wasting all our time, guys. See you never.04/17/2014 - 3:44pm
Matthew WilsonAgain the consequences were not only foreseeable, but very likely. anyone who understood supply demand curvs knew that was going to happen. SF has been a econ/trade hub for the last hundred years.04/17/2014 - 2:45pm
Andrew EisenMixedPixelante - Would you like to expand on that?04/17/2014 - 2:43pm
MaskedPixelanteWell, I am officially done with Night Dive Studios. Unless they can bring something worthwhile back, I'm never buying another game from them.04/17/2014 - 2:29pm
PHX Corphttp://www.msnbc.com/ronan-farrow/watch/video-games-continue-to-break-the-mold-229561923638 Ronan Farrow Daily on Video games breaking the mold04/17/2014 - 2:13pm
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Matthew Wilsonok than they should not protest when the consequences of that choice occur.04/17/2014 - 1:06pm
NeenekoIf people want tall buildings, plenty of other cities with them. Part of freedom and markets is communities deciding what they do and do not want built in their collective space.04/17/2014 - 12:55pm
Sora-ChanI realize that they have ways getting around it, but one reason might be due to earthquakes.04/17/2014 - 4:42am
Matthew WilsonSF is a tech/ economic/ trade center it should be mostly tail building. this whole problem is because of the lack of tail buildings. How would having tail apartment buildings destroy SF? having tail buildings has not runed other cities around the US/world04/16/2014 - 10:51pm
Matthew WilsonAgain the issue is you can not build upwards anywhere in SF at the moment, and no you would not. You would bring prices to where they should have been before the market distortion. those prices are not economic or socially healthy.04/16/2014 - 10:46pm
ZippyDSMleeYou still wind up pushing people out of the non high rise aeras but tis least damage you can do all things considered.04/16/2014 - 10:26pm
ZippyDSMleeANd by mindlessly building upward you make it like every place else hurting property prices,ect,ect. You'll have to slowly segment the region into aeras where you will never build upward then alow some aeras to build upward.04/16/2014 - 10:25pm
 

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