Sony gave me Crohn's disease

[Askthepizzaguy]

http://videogames.yahoo.com/events/p...speech/1336479

July 21 1:53 P.M.

A California man who was banned from Sony's Playstation Network isn't going away quietly, reports Gamepolitics.
Resistance Censorship

Erik Estavillo has filed a lawsuit against the Playstation 3 maker, alleging that the company violated his right to free speech and caused undue pain and suffering.

According to the suit, the San Jose resident's problems began when he was banned from the Network due to his behavior in the online first-person shooter, Resistance: Fall of Man. Estavillo claims he was unfairly targeted by the game's moderators and believes his First Amendment rights have been ignored. From the suit:

"...the plaintiff was exercising his First Amendment Rights to Freedom of Speech in the game's public forum when he was banned from, not only the Resistance video game, but also banned from playing all other games online via the PlayStation Network."

He further asserts that by denying him access to pre-paid points stored in his Playstation Network Wallet Fund, Sony is also guilty of theft.

In addition to requesting that Sony end the practice of banning entirely, Estavillo is seeking $55,000 in punitive damages connected to his suffering from a variety of ailments exacerbated by the ban, including Obsessive-Compulsive Disorder, Panic Disorder, Major Depression, Crohn's Disease and Agoraphobia.

Sony hasn't commented on the matter.

I was almost ready to accept the idea of a first amendment rights violation, but the excessive punitive damages and the link between Sony's ban and freaking Agoraphobia is where he lost me. I like video games but seriously, this person needs to get a little bit more fresh air. Being banned might be a good thing for this guy. Can I sue the United States government for polices which have exacerbated my unemployment?

Also, bit of advice:
Never exacerbate in the morning, it makes you drowsy.

[Tratorix]

So, being unable to obsessively play video games all day worsened his obsessive-compulsive disorder and agoraphobia? How would that work? Guy just saw an opportunity for a big payday here.

[Askthepizzaguy]

By the way, don't forums have the right to censor certain content? Freedom of speech only applies when you're not a guest on someone else's website. IMHO, the brutal and tyrannical rule of forum moderators and administrators is what makes our community a pleasant place to live, because the trolls and bots get turned into giblets.

Spoiler Alert, click show to read: 

LONG LIVE THE MODERATORS!
LONG LIVE THE MODERATORS!
LONG LIVE THE MODERATORS!

By the way, can I get some of my warning points removed? Seriously, I don't think I deserve them and it's uber lame. I demand the right to appeal!

[Crazed Rabbit]

Well, one matter will be whether Sony can deny a person access to the network they've paid to access for - what? - vulgarity?

The listing of diseases just seems stupid, though.

CR

[Xiahou]

Well, one matter will be whether Sony can deny a person access to the network they've paid to access for - what? - vulgarity?

The listing of diseases just seems stupid, though.

CR

You don't pay to access PSN. Also, the Terms of Service states that certain standards of behavior are expected and they have full discretion on dealing with problems. This lawsuit is stupid and frivolous.

[Crazed Rabbit]

You don't pay to access PSN. Also, the Terms of Service states that certain standards of behavior are expected and they have full discretion on dealing with problems. This lawsuit is stupid and frivolous.

Well in that case it ought to be thrown out with prejudice.

CR

[Zim]

I really hope this gets thrown out quickly.

[HoreTore]

Somebody seriously needs to understand what "free speech" actually means.

Lesson #1: My house, my rules. No free speech here. Don't like it? Go away. Now.

[Askthepizzaguy]

It's quite telling when people of all political perspectives still think this lawsuit is junk and nonsense. That means you failed.

Spoiler Alert, click show to read: 

[HoreTore]

Is that Rene Zellweger on the right?

[Askthepizzaguy]

No, she's on the left.

[a completely inoffensive name]

No, she's on the left.

ZING!

[Husar]

Someone didn't read the terms of service before accepting them I guess.

Permanent bans can lead to several side effects, including but not limited to morbus crohn, kidney failure, AIDS and liver sausage.

[FactionHeir]

And this maybe should be in the backroom.

I might make a backroomish comment like "its my country, you don't have free speech here" associated with ATPG's house analogy.

In any case, people ought to read the TOS rather than click through it and then sue them frivolously.
He would also be hard pressed to prove that his medical conditions were a direct result of the banning rather than pre-existing.

While of course it is possible that TOS are sometimes invalid (as many EULAs are) even if you agree to them, I do not think that this is the case here.

Oh, and I imagine he's claiming 55,000 rather than the usual millions the average American claims to nudge Sony into paying him because their lawyers and associated loss of image may just cost more than 55,000.

[Rhyfelwyr]

In fairness to the guy, he did pay for the online service and there's nothing wrong with him appealing on those grounds. The freedom of speech thing is ridiculous though, it's a private business, you play by their rules.

As for the illnesses, he may not be making it up (apart from Crohn's disease, no idea what that is).I get the feeling his Playstation may be a big part of his life, and losing that can really upset things when you have OCD and such ailments.

[Ronin]

In fairness to the guy, he did pay for the online service and there's nothing wrong with him appealing on those grounds. The freedom of speech thing is ridiculous though, it's a private business, you play by their rules.

Once again...he did not pay for the online service.
With PS3 you pay for the console and for the games....the online service is given free of charge by sony.

[Rhyfelwyr]

Once again...he did not pay for the online service.
With PS3 you pay for the console and for the games....the online service is given free of charge by sony.

Hmm sorry, well he had the pre-paid points anyway...

[Hosakawa Tito]

Another fine example of the need for tort reform. This is a frivolous lawsuit that not only jams the docket and delays the hearing of legitimate cases, but also wastes the taxpayer's & business's money thereby driving up costs for everyone. Judge Hosa's verdict: a fine for the accuser in this frivolous lawsuit to recover the court costs for the taxpayer and a disbarment hearing for the ambulance chasing lawyer. Bailiff, whack his pee pee!

[Monk]

He should have read the User Agreement.

Spoiler Alert, click show to read: 

COMMUNITY CODE OF CONDUCT

You must adhere to the following rules of conduct, and also follow a reasonable, common-sense code of conduct. Users are required to take into consideration community standards and refrain from abusive or deceptive conduct, cheating, hacking, or other misuse of PSN. Rights of other players should be respected.

The violations that are prohibited include but are not limited to the following:

* You may not engage in deceptive or misleading practices.
* You may not abuse or harass others, including but not limited to stalking behavior.
* You may not take any action, or upload, post, stream, or otherwise transmit any content, language, images or sounds in any forum, communication, public profile, or other publicly viewable areas or in the creation of any Online ID that SCEA, in its sole discretion, finds offensive, hateful, or vulgar. This includes but is not limited to, any content or communication that SCEA in its sole discretion deems racially, ethnically, religiously, or sexually offensive, libelous, defaming, threatening, bullying or stalking.
* You may not organize hate groups.
* You may not upload, post, stream, or otherwise transmit any content that contains any viruses, worms, spyware, time bombs, or other computer programs that may damage, interfere with, or disrupt PSN.
* You may not use, make, or distribute unauthorized software or hardware in conjunction with PSN, or take or use any data from PSN to design, develop or update unauthorized software or hardware, including but not limited to cheat code software or devices that circumvent any security features or limitations included on any software or devices.
* You may not modify or attempt to modify the online client, disc, save file, server, client-server communication, or other parts of any game title, or content.
* You may not cause disruption to any account, system, hardware, software, or network connected to PSN for any reason, including to gain an unfair advantage in a game.
* You may not attempt to hack or reverse engineer any code or equipment in connection with PSN.
* You may not provide anyone with your name or any other personally identifying information other than your own Online ID, or the name, password or personally identifying information of any other person or business through any means, including messaging, chat or any other form of PSN communication.
* You may not take any action that SCEA considers to be disruptive to the normal flow of chat or gameplay, including without limitation, uploading, posting, streaming, or otherwise transmitting any unsolicited or unauthorized material, including junk mails, spams, excessive mails, or chain letters.
* You may not introduce content that is commercial in nature such as advertisements, solicitations, promotions and links to web sites.
* You may not introduce content that could be harmful to SCEA, its licensors, or players, such as any code or virus that may damage any property or interfere with the use of the property or PSN.
* You may not upload, post, stream, access, or otherwise transmit any content that you know or should have known to be infringing, or that violates, any third party rights, any law or regulation, or contractual or fiduciary obligations.
* You may not impersonate any person, including an SCEA or third party employee.
* You may not provide SCEA or any third party company with false or inaccurate information, including reporting false complaints to SCEA Consumer Services or providing false or inaccurate information during account registration.
* You may not sell, buy, trade, or otherwise transfer your Online ID or any personal access to PSN through any means or method, including by use of web auction sites.
* You may not conduct any activities that violate any local, state or federal laws, including but not limited to, copyright or trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud, and the distribution of counterfeit software.

13. TERMINATION/ CANCELLATION

If SCEA determines in its sole discretion that you have violated any term of this Agreement, the Usage Terms, or any other terms and conditions connected with PSN or have otherwise injured or damaged the PSN community, SCEA may take all actions to protect its interests, including termination or suspension of your PSN account (both the Master Account and any associated Sub Accounts), automatic removal or blockage of the content, implementation of upgrades or devices intended to discontinue unauthorized use, or reliance on any other remedial efforts as necessary to remedy the violation. If your breach is in connection with content that you have downloaded, you must immediately cease use of such content and delete all copies from all of your devices. Upon termination for any reason, you will not receive a refund for items, value accumulated on in-game items or any unused balance in your wallet except as expressly provided in this Agreement and to the extent permitted by applicable law. Any game ranking or scores, or information in connection with PSN will not be retained or accessible by you or your associated Sub Accounts. SCEA reserves the right to bring legal action and to participate in any government or private legal action or investigation relating to your conduct, which may require the disclosure of your information. Unless as otherwise stated in this Agreement, SCEA, at its sole discretion, may indefinitely suspend, or discontinue any and all online access to content at any time, including for maintenance service or upgrades, without prior notice or liability.

In online services there's no such thing as Free speech. You obey the code of conduct or you get banned, it's that simple.

[a completely inoffensive name]

This is yet another reason why xbox 360 and xbox live is the greatest. xbox live has had since its beginning millions of 8-12 year olds playing Mature (17+) rated games screaming profanities and racial slurs and Microsoft like the awesome company they are has taken the right route by letting these paying customers say whatever is ever on their mind as long as they don't admit they are a lesbian (http://arstechnica.com/gaming/news/2...-live-user.ars). I am disappointed in Sony for trampling all over this kids self proclaimed right to free speech on their personal servers and I hope he will join the xbox flock and be accepted into our large community of little kids calling everyone else *** and then crying and screaming when getting owned by a player with actual skills.

I can only hope that Sony gets it's head out of the clouds and stops enforcing these "laws" that makes their actions "legally sound" and realize that if they are going to compete with Microsoft and the cash cow that is xbox live, they are going to have to accept the valuable demographic of 10 year olds that call into question the size of the opposing player's genitals when getting owned.

[drone]

This is yet another reason why xbox 360 and xbox live is the greatest. xbox live has had since its beginning millions of 8-12 year olds playing Mature (17+) rated games screaming profanities and racial slurs and Microsoft like the awesome company they are has taken the right route by letting these paying customers say whatever is ever on their mind as long as they don't admit they are a lesbian (http://arstechnica.com/gaming/news/2...-live-user.ars). I am disappointed in Sony for trampling all over this kids self proclaimed right to free speech on their personal servers and I hope he will join the xbox flock and be accepted into our large community of little kids calling everyone else *** and then crying and screaming when getting owned by a player with actual skills.

I can only hope that Sony gets it's head out of the clouds and stops enforcing these "laws" that makes their actions "legally sound" and realize that if they are going to compete with Microsoft and the cash cow that is xbox live, they are going to have to accept the valuable demographic of 10 year olds that call into question the size of the opposing player's genitals when getting owned.

Somebody didn't read Wednesday's Penny Arcade...

[AlexanderSextus]

if sony DID in fact give him crohns then he needs to smoke a joint and shut the hell up.

If this guy lives in California and he's whinging about crohns disease then i am REALLY mad.

you signed up for their service, you follow their rules.

Your 1st amendment right doesnt apply in something like this, YOU SIGNED A CONTRACT.

[HoreTore]

Your 1st amendment right doesnt apply in something like this, YOU SIGNED A CONTRACT.

Now that's just not true, a contract isn't valid if it violates the law.

[a completely inoffensive name]

Now that's just not true, a contract isn't valid if it violates the law.

How did it violate the law?

[HoreTore]

How did it violate the law?

In this case, not at all, I was talking generally

His first amendment rights would apply even if the contract said they didn't. But it doesn't apply here, simply because this case has nothing at all to do with the first amendment...

[Jolt]

It would be funny if then, all American citizens under some kind of NDA, immediatly filed suits against their companies for infringing on their first amendment. >_>

[TB666]

Always good to start the day with reading a stupid story.
As others have stated, he signed a agreement that he would behave, he didn't so he violated his end of the deal.
Tough luck.

[TinCow]

if sony DID in fact give him crohns then he needs to smoke a joint and shut the hell up.

If this guy lives in California and he's whinging about crohns disease then i am REALLY mad.

You obviously don't know much about Crohn's. It's an extraordinarily painful and humiliating disease that has no cure and for which medication is only marginally effective. The ability to get a prescription for medical marijuana for it in California doesn't even come remotely close to compensating for just how bad it is.

[Major Robert Dump]

EULA. No free speech issue

[Rhyfelwyr]

Drinking gives you Crohn's disease...