Banned PSN player sues Sony, Microsoft, and Nintendo

http://www.joystiq.com/2009/11/20/banned-psn-player-sues-nintendo-and-microsoft/Calling "First Amendment" violation doesn't work with these sorts of things FYI.

hes going to lose a hell of a lot of money before he realises that he actually has no recourse.

This guy is a joke.

Nintendo is being sued for interfering with Estavillo's "pursuit of happiness." And how exactly is Nintendo doing that? "Deleting, blocking or prohibiting the Homebrew Channel and Ocarina applications" via a system update.

Teehee, none of these things will stand up in court.Even PSN has a online agreement you have to accept to play online, and it says that they can ban you for any reason.

Online agreements won't hold up against actual law violations.But in this case, no laws are being violated, and first amendment issues rarely apply to private organizations. (Like the Judge in the first two actions said).

XD this guy is an idiot.Suing Microsoft because of the RROD, tons of people gets those, Microsoft knows it's their fault and they're fixing it for free. It only takes a few weeks to send it out and get it back. This guy is like the Jack Thompson of suing people, a huge joke.

people have tried to sue M$ over RRODs before (although they had a stronger case as they were arguing the product was not fit for purpose). Micro$oft's response was simply to refuse to fix their 360s and withold them.

Nintendo and sony have a right to block him for his comments and or unofficial software installation.But...what if he won...That would make me laugh XD

News like this makes me wish we could bludgeon to death all the tards that waste our tax money supporting the judicial system.

Replying to #9

Watch your choice of words.The legal system is useful if used correctly, why I can dob in litter bugs now so it makes my job easier :)Plus it's fun...And it's designed to protect people and propoerty, sure rom's are illegal if downloaded...but otherwise it has purposes.

After being banned from the PlayStation Network for hateful comments stated in Resistance's online community, Erik Estavillo launched not one, but two, lawsuits against Sony for infringing on his "first amendment rights" -- an argument that was shot down by Judge Ronald Whyte simply because "Sony is not part of the government."However, what Estavillo lacks in civil online discourse, he makes up for with sheer determination and persistence. In addition to Sony, he now has both Microsoft and Nintendo in his sights. Estavillo is seeking $75,000 from Microsoft for the "undue stress" and "sadness" caused by his Xbox 360's RROD. "Microsoft should have to bear the burden that is now put on the shoulders of this disabled plaintiff," his claim states -- a burden that is equivalent to the sum of 375 Xbox 360 systems, apparently. Nintendo is being sued for interfering with Estavillo's "pursuit of happiness." And how exactly is Nintendo doing that? "Deleting, blocking or prohibiting the Homebrew Channel and Ocarina applications" via a system update.We're hoping you can see the sheer brilliance of Estavillo's strategy. He's offering the perfect opportunity for PlayStation, Xbox and Nintendo fans to agree on something for once.

When I reached this part I think he needs to get a life,a girlfriend maybe.
I wonder why he even bother fighting this losing(probably) battle..?

This is just plain sad and ridiculously crazy.

mds64 · #10Watch your choice of words.The legal system is useful if used correctly, why I can dob in litter bugs now so it makes my job easier :)Plus it's fun...And it's designed to protect people and propoerty, sure rom's are illegal if downloaded...but otherwise it has purposes.

It may be useful at times (and it definitely is), but more times than not it's used to humor the the ridiculousness morons spout out. At least two-thirds of cases could easily be thrown out (common sense people, friggin USE it) except for the fact that people seek to abuse their rights and waste Americans' time/money.

Replying to #13

At least it's being used...it's piss weak in australia...And we do have the odd moron do stuff like this...and win.Judges make me puke here :(

Replying to #14

Agree with the wish to puke.I'm glad people (supposedly) know their rights, but EVERY case, no matter how retarded, has been given serious thought by the people we pay the salaries of. It's absurd! Too much time/ money is wasted. No one can deny this, if they do, look up the multitude of court cases that have lasted decades and continue today, based on pure gibberish.Whatever I suppose, I'm happy enough that I can still game and not be slapped in the face by a parental government.

Replying to #15

Replying to #15

(watch the retard word-I have a background with these sorts)They have it easy here, you can claim a pansion if you fake injuries and crap like that...I was on it for awhile with my school background.I could have stayed on it, unchecked if i didn't ant more money.

lol, i guess he didnt know there is such thing as ToS......

I will scrap that word from my forum dictionary, my apologies to any offended.The fact that governments would DARE to waste time/money on videogame legislation is unforgivable. It's a gross abuse of power and something I feel should be taken action against.

TrancechaoticThe fact that governments would DARE to waste time/money on videogame legislation is unforgivable. It's a gross abuse of power and something I feel should be taken action against.

Am I the only one who sees the irony here?As ridiculous as some lawsuits are, it's the responsibility of judges and jurors to examine them professionally as they would any other case.

It makes me sad that a lawyer thinks he's going to make money out of this...
Has this been thrown out of court yet?