Winona Ryder, Depeche Mode Factor in WOW Lawsuit

November 24, 2009 -

World of Warcraft maker Activision Blizzard is the latest target of a lawsuit by serial suer (or professional plaintiff) Erik Estavillo.

Filed this morning in the Civil Division of the Superior Court of California, County of Santa Clara, the civil complaint charges Activision Blizzard with “deceitful” business practices, as it “continues to maintain a harmful virtual environment to many of its customers by forcing them to follow the game’s sneaky and deceitful practices.”

Among Estavillo’s claims is that WOW is designed for a gamer “to walk or run at a calculated slow pace, resulting in the player taking longer to get where he or she needs to go in the game.” This slow pace, says the plaintiff, leads to a longer time needed to finish game play or quests, in turn leading to more subscription revenue for Activision Blizzard.

Estavillo also complains that faster transportation is not available until a player levels up accordingly, or purchases an expansion pack.

The plaintiff then likens his health problems (OCD, Agoraphobia, Panic Disorder, major depression and Crohn’s Disease) to the afflictions that ailed the late EverQuest gamer Shawn Woolley, who took his own life on Thanksgiving morning in 2001.  Estavillo stated that he “doesn’t want to end up like Shawn did as he [Estavillo] relies on videogames heavily for the little ongoing happiness he can achieve in this life.”

Estavillo subpoenaed Depeche Mode founder Martin Lee Gore and actress Winona Ryder to provide testimony on his behalf regarding the subject of alienation.

Gore was subpoenaed because “he himself has been known to be sad, lonely, and alienated as can be seen in the songs he writes,” and Ryder because of her and Estavillo’s common interest in the J.D. Salinger book The Catcher in the Rye. Ryder would be able to, “explain the significance of alienation in Catcher in the Rye and will also testify to how alienation in the book can tie to alienation in real live/video games such as World of Warcraft.”

Estavillo is seeking punitive damages of $1.0 million and a court order that WOW implement changes that address the issues of his complaint.

Other lawsuits filed by Estavillo include one against Sony Computer Entertainment America (SCEA), following a banning from the PlayStation Network, and a recent suit that targeted Microsoft and Nintendo—the former over an Xbox 360 red ring of death and the latter over a firmware update that disabled his Homebrew Channel.


Comments

Re: Winona Ryder, Depeche Mode Factor in WOW Lawsuit

All that means is that he also has an ADA claim against them for not providing him with a slot machine in his living room.

Re: Winona Ryder, Depeche Mode Factor in WOW Lawsuit

Yeah probably. Also, is he planning on dressing as The Joker for ALL of these hearings, or only his appeal? :-P

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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: Winona Ryder, Depeche Mode Factor in WOW Lawsuit

Why so serious? >:)

Re: Winona Ryder, Depeche Mode Factor in WOW Lawsuit

"...[Estavillo] relies on videogames heavily for the little ongoing happiness he can achieve in this life.”

Really?  It seems like these video games are causing you nothing but undue stress and grief.  You might consider picking a new hobby.  How about philately?  I hear that's very relaxing and fulfilling.

 

Andrew Eisen

Re: Winona Ryder, Depeche Mode Factor in WOW Lawsuit

I can attest to it being very relaxing and fulfilling. I thoroughly enjoy a good philating.

Re: Winona Ryder, Depeche Mode Factor in WOW Lawsuit

And that, my friends, is why English is the world's best language.

 

Andrew Eisen

Re: Winona Ryder, Depeche Mode Factor in WOW Lawsuit

Actually, philately is an anglicization of a French word.  The other word being indirectly referenced here is the latin for 'to suck'.  English is indeed great - perhaps even best - at borrowing words from other languages.

Re: Winona Ryder, Depeche Mode Factor in WOW Lawsuit

Just to quibble you, "fellate" is an English verb, back-formed from the the English noun, "fellatio." Its inflicted form, "fellating," (upon which my pun was based) doesn't ever appear in Latin. Neither does "fellatio" or "fellate." All three are English words (albeit certainly derived from Latin).

"The English noun fellatio comes from fellātus, which in Latin is the past participle of the verb fellāre, meaning to suck. In fellatio the -us is replaced by the -io, an alternate form of the suffix -ion. The -ion or -io ending is used in English to create nouns from Latin adjectives and indicate a state or action wherein the Latin verb is being, or has been, performed." - wikipedia

Re: Winona Ryder, Depeche Mode Factor in WOW Lawsuit

Ain't it.

Re: Winona Ryder, Depeche Mode Factor in WOW Lawsuit

 @GP: You can refer to Mr. Estavillo as a "serial suer" or a "professional plaintiff" if you so choose. However, I'll go with the descriptive term I think better captures his personality: "crazy person." 

Re: Winona Ryder, Depeche Mode Factor in WOW Lawsuit

At least we agree on this one. =P

Re: Winona Ryder, Depeche Mode Factor in WOW Lawsuit

I'd have gone with "fucking idiot" myself.

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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: Winona Ryder, Depeche Mode Factor in WOW Lawsuit

Maybe it is part of some Machiavellian scheme to get Martin Lee Gore and Winona Ryder into a threesome?

Which I admit, is not mutually exclusive with 'fucking idiot'.

Re: Winona Ryder, Depeche Mode Factor in WOW Lawsuit

This guy's like Zippy's chocolate nut cookies. But without the "chocolate" part. Or the "cookie" part.

Re: Winona Ryder, Depeche Mode Factor in WOW Lawsuit

So he's like Zippy's nut? Thanks for that mental image.

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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: Winona Ryder, Depeche Mode Factor in WOW Lawsuit

Without the "Zippy" part.

Re: Winona Ryder, Depeche Mode Factor in WOW Lawsuit

I didnt kow my nuts were so evil....if I knew that I would ahve cut them off long ago....... oh wait!


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Winona Ryder, Depeche Mode Factor in WOW Lawsuit

What gets me is that he was banned from a group (XBL) for making imappropriate behaviour, and since then he's been trying to sue just about everything and everyone that has ever upset him in his life.

Ironically enough, he sounds exactly like Jacky Boy, though possibly with a firmer grip on legal filing procedures and wording, but just as obsessive and loony.

Re: Winona Ryder, Depeche Mode Factor in WOW Lawsuit

Re: Winona Ryder, Depeche Mode Factor in WOW Lawsuit

It's like reading complete farce.

"Gamer Jack Thompson" sounds so much on the money, PumaFau.

Re: Winona Ryder, Depeche Mode Factor in WOW Lawsuit

uh-oh i smell a nagger with an agenda

Re: Winona Ryder, Depeche Mode Factor in WOW Lawsuit

Hey at least he hasn't tried to get Geaorge Bushed subpoenaed.

E. Zachary Knight
Oklahoma City Chapter of the ECA
http://www.theeca.com/chapters_oklahoma

Re: Winona Ryder, Depeche Mode Factor in WOW Lawsuit

Estavillo stated that he “doesn’t want to end up like Shawn did as he [Estavillo] relies on videogames heavily for the little ongoing happiness he can achieve in this life.”

 

Then actually get help instead of blaming every video game company and wasting time and money in the courts. I mean jesus Christ what are you the gamer Jack Thompson

 

 

Never underestimate the power of idiots in large amounts.

Never underestimate the power of idiots in large amounts.
 
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Andrew EisenNow, having said that, what sites are you reading that are claiming that if "you self-identify as a Gamer, you're immediately the problem" or that gamers are "obligated to stop harassment"? Or was that hyperbole too?09/21/2014 - 1:03am
Andrew EisenFirst of all, ONE person in the Shout box suggested an obligation to call harassers out on their harassing but only after YOU brought it up. Plus, Techno said "when you see it happening." If you don't see it, you're not under any obligation.09/21/2014 - 1:02am
Sleaker@Craig R. - at this point I don't even know what the hashtags are suppsed to be in support of. what does GamerGate actually signify.09/21/2014 - 12:21am
Sleaker@AE - Hyperbole for the first 2, but it seems like some of the comments in the shout are attempting to place blame on fellow gamers because they aren't actively telling people to stop harassing even though they don't necessarily know anyone that has.09/21/2014 - 12:16am
Andrew EisenSleaker - Who the heck are you reading that is claiming "all gamers are bad," we "need to pass laws or judgement on all gamers," that if "you self-identify as a Gamer, you're immediately the problem," or that gamers are "obligated to stop harassment"?09/20/2014 - 9:44pm
erthwjimhe swatted more than just krebs, I think he swatted 30 people http://krebsonsecurity.com/2014/05/teen-arrested-for-30-swattings-bomb-threats/09/20/2014 - 9:31pm
Craig R.Btw, the guy who swatted security expert Brian Krebs? He got picked up recently. It can be done.09/20/2014 - 8:55pm
Craig R.Such things are not done in a vacuum... hence why the 4chan and other logs show what fools you've all been, tricked into doing the trolls' work09/20/2014 - 8:49pm
Sleaker@Technogeek - How do you call someone out that anonymously calls in a SWAT team, or sends threats to people?09/20/2014 - 7:04pm
Technogeek"It also doesn't mean you're obligated to stop harassment from all gamers that are doing so." I'd say you're certainly obligated to call them out when you see it happening.09/20/2014 - 5:17pm
SleakerNow if you disagree with anything in my last 2 posts then we obviously have a difference in world view, and wont come to any sort of agreement. I'm fine with that, maybe some people aren't?09/20/2014 - 5:09pm
SleakerIt also doesn't mean that just because a news outlet says that Gamers are the problem and you self-identify as a Gamer, you're immediately the problem. It also doesn't mean you're obligated to stop harassment from all gamers that are doing so.09/20/2014 - 4:59pm
SleakerJust to re-iterate: People getting harassed is wrong. Just because someone is harassed by so called 'gamers' doesn't mean that all gamers are bad. nor does it mean that you need to pass laws or judgement on all gamers.09/20/2014 - 4:56pm
SleakerAnd furthermore just because someone doesn't 'crusade against the evil' that doesn't make them the problem. You can have discussion with those around you. There's a thing called sphere of influence.09/20/2014 - 4:54pm
Sleaker@Conster - one person getting harassed is a 'problem' only so far as the harassee's are doing it. Just because a select few people choose to act like this doesn't make it widespread. Nor does it immediately make everyone responsible to put an end to it.09/20/2014 - 4:54pm
james_fudgeno worries09/20/2014 - 4:15pm
TechnogeekI misread james' comment as "we can't have a debate without threatening" there at first. Actually wound up posting a shout about death threats and "kill yourself" not technically being the same thing before I realized.09/20/2014 - 3:59pm
james_fudgeDon't hit me *cowers behind Andrew*09/20/2014 - 3:20pm
ConsterYou take that back right now, james, or else. *shakes fist menacingly*09/20/2014 - 3:00pm
james_fudgeOur community is awesome. We can have a debate without threatening to kill each other.09/20/2014 - 2:50pm
 

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