Serial Suer Strikes Again

January 25, 2010 -

Erik Estavillo, the litigious gamer who has gone after Microsoft, Nintendo, Sony and Activision Blizzard (among others), has turned his sights on the gaming press.

In a complaint filed January 25th in the U.S. District Court for the Northern District of California, Estavillo listed GameSpot.com, IGN.com, G4TV.com, GameInformer.com, 1UP.com, Joystiq.com, Kotaku.com, GayGamer.com, QJ.net, SarcasticGamer.com, MMORPG.com, NBC, FOX and DepecheMode.com as defendants.

Plaintiff wishes to charge all previously listed entities with libel, as “many of the articles [on these websites] are full of intended insults to the plaintiff.” Additionally, Estavillo is charging QJ.net and SarcasticGamer.com with worker discrimination. Plaintiff claims that emails with these two sites will show that they agreed to hire him as an intern, or unpaid writer. After “a week of silence” from both sites, both indicated an unwillingness to employ Estavillo.

GamePolitics and The Escapist were two sites labeled by Estavillo as being “fair and neutral” to the plaintiff, resulting in the pair not being sued or charged with wrongdoing.

DepecheMode.com is also being charged with barring plaintiff from their forums, subsequently stopping him from “expressing himself in their forums via his First Amendment Right.”

Estavillo is seeking $10,000 per article written “ingenuously” against him and $5,000 per message board thread (specifically mentioned in this category are DepecheMode.com, MMORPG.com and IGN.com).

Estavillo is also seeking to be unbanned from the DepecheMode.com forums.

GP: While Mr. Estavillo continued to remain active in recent times, we sensed here at GamePolitics that it was time to cut down on, or eliminate, coverage of him.

Erik did indeed inquire about an internship here at GamePolitics as well. Digging though sent items, here is what we relayed to Estavillo exactly:

I hope you don't take this the wrong way, but one reason I was cautioning you against all these lawsuits is that your credibility has been somewhat compromised, even as your name becomes "famous." I guess it's a trade off of sorts.

What’s a little unnerving about the lawsuit is that Estavillo, in emailing us at least, continually insinuated that it was OK for us to make fun of his statements and he really seemed to enjoy being labeled a “serial suer” or “professional plaintiff,” whatever it took to get his name out there and to become more “famous.” I suppose we are just helping his cause at this point, but it was thought that perhaps we could provide a little insight into the situation.

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Comments

Re: Serial Suer Strikes Again

This guy takes the cake! I can't believe him?!?!?! So what happened to him not having $ to take care of his xbox360 that he said he didn't have money for?!?!!?!?! This guy is relentless! He will NOT win! Everyone gets discriminated everyday & they move on! People take internships all the time while working & then they get hired & get m ore money for their new job! This guy is something else?!?! College students get internships & some still get paid for it! This guy says he just wants attention?!?! Then damn, go do something stupid & get on the news for it! Then you will have attention!

 

 

"It's better to be hated for who you are, then be loved for who you are not." - Montgomery Gentry

"It's better to be hated for who you are, then be loved for who you are not." - Montgomery Gentry

Re: Serial Suer Strikes Again

I believe First Amendment only covers what speech the government can regulate. Privately run forums are exempt. You can't sue the pope just because they won't allow you to preach darwinism in the church.

As for libel, I doubt he has a case. The defendants would have to have made claims against his character that were untrue, and could not have been construed as satire. They are well within their rights to call him a donkey puncher, even if he has in fact never punched a donkey as it is so absurd it can be considered satire.

Re: Serial Suer Strikes Again

As far as I know, the First Amendment was put in the US constitution so that citizens could speak out against their government if they wanted or needed to. It never had anything to do with bad manners on the internet.

He can sue all he wants but bad behavior can get you thrown out of public areas in the world. You can't scream "Fire" in a theater...

Re: Serial Suer Strikes Again

I'm not sure which is funnier, his cliché attempt to apply the first amendment to private forums (I used to moderate a forum, so I've heard this argument 1,000,000 times before), or the fact that he's trying to hold the forum owners accountable for the posters' comments.

Also, IANAL, but in order for a libel suit to go through, don't you have to prove that the defamation of character causes damage to your professional or private life?  I'm pretty sure if I twittered that I think he's an idiot, I couldn't be convicted of libel because nobody in his life cares what I say, or is even likely to read it.

Re: Serial Suer Strikes Again

A man that represents himself has a fool of a lawyer, bet he loses again.

 

_ _ Pops... If you dance with the devil, the devil don't change. The devil changes you.

_ _ Pops... If you dance with the devil, the devil don't change. The devil changes you.

Re: Serial Suer Strikes Again

If we all got to sue anyone we wanted over hurt feelings and a really messed up sense of entitlement, we'd all be rich.

I hope the judge smacks some sense into this guy or his lawyer talks him out of acting like such a loon.

Re: Serial Suer Strikes Again

This guy lost credibility for attempting to sue Blizzard because of World of Warcraft's game mechanics.

Blizzard has said in the past travel time exists to make the world feel big, if people could instantly port everywhere the game feels smaller.

Re: Serial Suer Strikes Again

I haven't played WoW in a few years, but didn't they lower mount requirements, speed up leveling, etc. a while ago?

Re: Serial Suer Strikes Again

Not to mention you skip around 90% of the scenery the developers put so much work into making.

Seriouisly, blizzard put in a LOT for people to see while traveling.

Re: Serial Suer Strikes Again

Thought it was more about fame than any real grievance, and he's more or less confirming it here.

I suppose if nothing else, it does a great job of revealing, in fast forward, the kind of legal behaviour the industry has had to tolerate from a certain, now disbarred, lawyer. On Mr Estavillios' side, however, he hasn't celebrated any deaths and tried to claim them as 'God's work'.

I don't dislike the guy, but I do think, if you have problems, deal with them, don't sit around trying to sue people because they won't. There's a halfway point that people with syndromes like Aspergers, Tourettes etc can, and often do meet at, yes, companies need to take whatever reasonable methods in order to be sure that as wide a range of people can enjoy their product as possible, that's good marketting, but also, people who have difficulties with communicating online, or interacting with a product must also accept that their problem is the exception, not the norm, and that there's only so far the world will go in accomodating them before they are expected to walk some of the distance themselves.

I only hope that such conditions can be treated more effectively in the future, it's not the patients' fault that they have them, but no more is it the rest of the worlds' fault that they have them either. If you are a religious person, then the buck stops at God, and, whilst people have tried to take Him to court, he's never once turned up.

Re: Serial Suer Strikes Again

I agree that companies should try to make their products useable to people with disabilities, especially if this doesn't impact the unimpaired customers (for example, letting color blind players switch from green-red to blue-orange radar blips).

But that's not the case here.  He weilds his laundry list of disabilities like a shield (or perhaps more like a sword), when they're not terribly relevant to the case.  He sued PlayStation because they banned him for bad behavior.  He sued Nintendo because they wouldn't let him use illegal software.  He sued Microsoft because his XBox broke.  And he sued Activision-Blizzard because World of Warcraft took too long.

None of these have anything to do with his conditions.  He claims to use video games to stave off suicidal depression, and maybe he does, but if video games are becoming too stressful to do the job, he should find something else.  I usually don't use phrases like this, but I can't think of one that gets the point across better: He wants the video game companies to wipe his ass for him, but that's no matter what disabilities he has, that's not their responsibility.

tl;dr version: If he's aware enough of his problems to sue, he's aware enough to actually deal with them himself.

Re: Serial Suer Strikes Again

Shouldn't that be "while he's been found guilty time and time again, he hasn't served a day in jail"?

Dyslexics of the world UNTIE!!!

Christopher White cwhite@profoundgames.com

Re: Serial Suer Strikes Again

Soon enough one of these companies or groups will go after him, and get him declared a "Vexasious Litigant" (sp?) Then he won't be able to file any more lawsuits. Hell, they'll even take away any earnings he may get. Ask Graham Berry about that.

 

 

Yes, I am a liberal. I also believe in a strong military, less government, and the right to bear arms. Calling an illegal alien an undocumented worker is like calling a crack dealer an unlicensed pharmacist.

Yes, I am a liberal. I also believe in a strong military, less government, and the right to bear arms. 

Re: Serial Suer Strikes Again

Won't a judge (any time soon) take action against his many frivolous lawsuits and prevent him from taking them? I'm sure I've read about that sort of thing in the past, deranged lawyers aside.

Re: Serial Suer Strikes Again

Erik if your reading this, I have some advice for you. Grow up. You're abuse of the justice system to gain money is disgusting and I would be down right ashamed of myself if I were you. Don't take this crap from him guys.

Re: Serial Suer Strikes Again

To paraphrase a great newsman, THE FIRST AMENDMENT DOES NOT WORK THAT WAY!

Re: Serial Suer Strikes Again

I presume there must be some kind of parent or caretaker for Mr. Estavillo?  Whoever is feeding him and putting a roof over his head needs to step in...else they are just an enabler at best or a complicit party at worst- just like a certain wife we know of.

Re: Serial Suer Strikes Again

I'm patiently waiting for this guy to get thrown in jail or something.

 

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Re: Serial Suer Strikes Again

So he's doing it for the lols?

Re: Serial Suer Strikes Again

If he is, he's doing an excellent job.

"The difference between genius and stupidity is that genius has its limits." -Albert Einstein

Re: Serial Suer Strikes Again

What's a little scary about this is that sites like SarcasticGamer are being sued. That isn't really a 'commercial' or for-profit site and now they're the target of a lawsuit that they will potentially have to spend money to fight.

As for Erik, the First Amendment is about the government not being allowed to make laws that curtail free speech. An owner of private property (such as a web site) has every right to tell you to STFU. In case you don't believe me, here's the actual text of the amendment.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Re: Serial Suer Strikes Again

I wish this guy would talk to an actual lawyer.  Somebody who could kindly explain to him that he's badly mistaken about what the law is, what his rights are, and what things you can sue people for.  IANAL, but I'll take a crack at it anyway.

"Intended insults": It is totally legal to insult people.  Freedom of speech includes the right to offend people.  There is no such right as the right to not be offended or insulted.  The things said on these sites (that I've seen, anyway) seem to qualify as fair comment and criticism, and are not of any of the types that are automatically considered to be defamatory.

Worker discrimination: Umm, no.  Employers don't have to hire you just because you asked them to, and if they don't, that doesn't make it discrimination.

DepecheMode's forums: The First Amendment doesn't force anybody to let you use their private forum as your soapbox.  Find your own soapbox.

Re: Serial Suer Strikes Again

Now, where DID I leave that "attention whore" .gif?

Re: Serial Suer Strikes Again

So, if I write, here, on Gamepolitics, that "Erick Estavillo is a parasyte and suck ass" (hypotecally speaking, of course ;), he could sue Gamepolitics?

Wow, just wow. That´s a real victim complex, and he is trying to get profit from being insulted on the interwebs. Don´t let him find about Youtube.

My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com

Re: Serial Suer Strikes Again

Could he?  Yes.  Would he win?  No.

 

Andrew Eisen

Re: Serial Suer Strikes Again

Though didn't hat model up in New york just win a similiar suit?

The scary part about cases like this is that hte courts have not reached a consistant stance on how to handle them, so while this guy is not organized enough to be a significant threat, a suit with similiar merits COULD go thoguh if it gets the right judge.

Re: Serial Suer Strikes Again

And you all wanted to have GP post JT's press releases while GP wanted to cut down on coverage on this guy?  This guy alone makes up for JT in terms of crazy.  In fact, I'd say he's twice as crazy as JT ever was.

Seriously, I'd rather see more news about Estavillo than JT any day.  He's more entertaining and less obnoxious.

Re: Serial Suer Strikes Again

"In fact, I'd say he's twice as crazy as JT ever was."

Blasphemy!!! No one is crazier than JT!!! Seriously though, he isn't crazy. He's just immoral and greedy. He knows that he doesn't truly deserve money. That or he's somehow fooled himself into thinking he does.

"Seriously, I'd rather see more news about Estavillo than JT any day.  He's more entertaining and less"

No, I would still enjoy JT more. Proving him wrong is a lot more fun.

"The difference between genius and stupidity is that genius has its limits." -Albert Einstein

Re: Serial Suer Strikes Again

An interesting side note was this article regarding defamation laws in Canada.  I actually saw this Canada story headline at the bottom of the FIFA stabbing story at the same site.

http://www.lfpress.com/money/businessmonday/2010/01/22/12575826.html

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Nightwng2000 NW2K Software http://www.facebook.com/nightwing2000 Nightwng2000 is now admin to the group "Parents For Education, Not Legislation" on MySpace as http://groups.myspace.com/pfenl

Re: Serial Suer Strikes Again

The troll is back in town the troll is back in town ya ya ya! But in alkl seriousiness Erik needs to stop being a whining baby all the time.

http://www.magicinkgaming.com/

Re: Serial Suer Strikes Again

DepecheMode.com is also being charged with barring plaintiff from their forums, subsequently stopping him from “expressing himself in their forums via his First Amendment Right.”

Doesn't matter who says stuff like that, such absurdity always makes me laugh.

 

Andrew Eisen

Re: Serial Suer Strikes Again

The first amendment only protects citizens from the Government surpressing freedom of speech.  It has no bearing on individual companies barring his stupidity from posting on their forums.

Re: Serial Suer Strikes Again

Which was pointed out repeatedly during his initial suit when he sued Sony for infringing on his non-existant right to free speech on the PSN and demanded being unbanned from their network...I am beginning to see a parallel here...

Re: Serial Suer Strikes Again

Wait, do Fox and NBC even know he exists, let alone mention his lawsuits?

"The difference between genius and stupidity is that genius has its limits." -Albert Einstein

Re: Serial Suer Strikes Again

Of course not, why do you think he's suing them. "NOW THEY WILL GIVE ME ATTENTION!!!111"

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

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: Serial Suer Strikes Again

This guy is suffering from serial brain damage.

Re: Serial Suer Strikes Again

Re: Serial Suer Strikes Again

I was under the impression that it was parallel brain damage. 

Re: Serial Suer Strikes Again

How many times he's going to get it through his head they dont want to be sued

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

Re: Serial Suer Strikes Again

I used to play a character in City of Heroes called The Frivolous Suit.  Maybe he'll sue me next for stealing his idea.

Re: Serial Suer Strikes Again

Lol. Even better, SUE him for taking your Idea! I mean, you created The Frivolous Suit, and he's using it to become internet famous! Clearly, he stole your idea!

Re: Serial Suer Strikes Again

No good. NCSoft claims legal grounds on all characters maid in their games, so they can't be sued by former gamers.

Re: Serial Suer Strikes Again

This guy is an idiot of epic proportions.. Yes, someone runs an unflattering opinion peiece about you, because you are making an ass of yourself with laughable lawsuits. What's the answer for this guy's lawsuit happy ass? SUE SOME MORE! CLEARLY, that's the right answer, here.

Someone should counter-sue his dumb ass and put him so deep in debt that is great-great-great-great grandparents feel it in their graves.

What makes it MORE unbelievable is that he actually applied for an INTERNSHIP at several of the places where he had the unflattering stories written about him. Who the hell does he think he is, and how the hell is he able to afford to continue filing these court documents, despite not being a productive member of society, in the slightest?

Re: Serial Suer Strikes Again

And WHY does he keep suing? Because sites like GP and The Escapist are turning him into a sit-com character, something he WANTS.

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

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: Serial Suer Strikes Again

I remember the metro Moron in South florida being made into the Wile E. Coyote of all lawyers

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

Re: Serial Suer Strikes Again

ANd now we have Elmer Fudd. "Be vewy vewy quiet. I'm suing websites"

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

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: Serial Suer Strikes Again

The thing about the press is that they can be as biased as they want *cough*Fox News*cough*MSNBC*cough* as long as they don't tell BS. The moment they say something that is demeaning and factually false, they can be sued. However, you can't be sued for opinions. Otherwise, Keith Olberman and Glenn Beck would be broke by now.

"The difference between genius and stupidity is that genius has its limits." -Albert Einstein

Re: Serial Suer Strikes Again

Didn't this guy say he would stop sueing people?

"The difference between genius and stupidity is that genius has its limits." -Albert Einstein

Re: Serial Suer Strikes Again

He said he'd stop suing game companies.  Didn't say anything about entertainment news websites.

 

Andrew Eisen

 
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Matthew WilsonI have said it before net nutrality will not be made in to law until Google or Netflix is blocked, or they do what they did for sopa and pull their sites down in protest.04/23/2014 - 8:02pm
Andrew EisenGee, I guess putting a former cable industry lobbyist as the Chairman of the FCC wasn't that great of an idea. http://www.nytimes.com/2014/04/24/technology/fcc-new-net-neutrality-rules.html?_r=204/23/2014 - 7:26pm
Andrew EisenIanC - I assume what he's getting at is the fact that once PS3/360 development ceases, there will be no more "For Everything But Wii U" games.04/23/2014 - 5:49pm
Andrew EisenMatthew - Yes, obviously developers will eventually move on from the PS3 and 360 but the phrase will continue to mean exactly what it means.04/23/2014 - 5:45pm
IanCAnd how does that equal his annoying phrase being meaningless?04/23/2014 - 5:09pm
Matthew Wilson@Andrew Eisen the phrase everything but wiiu will be meaningless afer this year becouse devs will drop 360/ps3 support.04/23/2014 - 4:43pm
Andrew EisenFor Everything But... 360? Huh, not many games can claim that title. Only three others that I know of.04/23/2014 - 3:45pm
MaskedPixelantehttp://www.joystiq.com/2014/04/23/another-world-rated-for-current-consoles-handhelds-in-germany/ Another World fulfills legal obligations of being on every gaming system under the sun.04/23/2014 - 12:34pm
Matthew Wilsonhttp://arstechnica.com/gaming/2014/04/steam-gauge-do-strong-reviews-lead-to-stronger-sales-on-steam/?comments=1 Here is another data driven article using sales data from steam to figure out if reviews effect sales. It is stats heavy like the last one.04/23/2014 - 11:33am
Andrew EisenI love RPGs but I didn't much care for Tales of Symphonia. I didn't bother with its sequel.04/23/2014 - 11:21am
InfophileIt had great RPGs because MS wanted to use them to break into Japan. (Which had the side-effect of screwing NA PS3 owners out of Tales of Vesperia. No, I'm not bitter, why do you ask?)04/23/2014 - 10:52am
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TheSmokeyhttp://www.huffingtonpost.com/2014/04/22/call-of-duty-swatting-hoax_n_5195659.html?utm_hp_ref=canada&ir=Canada CoD loser calls SWAT on person who beat him04/23/2014 - 7:13am
MaskedPixelantehttp://www.joystiq.com/2014/04/23/xbox-one-reaches-japan-on-september-4/ Just give it up, Microsoft. You're NEVER going to be big in Japan, especially now that the notoriously clunky in Japan Kinect is MANDATORY.04/23/2014 - 7:10am
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