PS3 gamer Erik Estavillo has filed a legal complaint claiming damages of $55,000 saying that SCEA have suppressed his free speech rights and have caused him “pain and suffering” by banning him from using their network.
He claims that due to him suffering from a plethora of disorders including agoraphobia he relies on the service to socialise with other people (to be fair, he does evidently have the medical documents to back his claims up).
According to the PSN moderators the ban was received due to Erik’s behaviour while playing Resistance: Fall of Man. However the files suit mentions that;
The plaintiff was exercising his First Amendment Right to Freedom of Speech in the game’s public forum when he was banned, not only the Resistance video game, but also banned from playing all other games online via the PlayStation Network. Sony’s PlayStation 3 is the only gaming system that incorporates this type of wide-ranged ban. As where Nintendo does not ban customers at all. And Microsoft Xbox rarely bans, and only for repeated illegal offences.
The suit also claims that Sony’s banning has pretty much amounted to stealing the players money through not allowing him to use the already-paid for redeem codes. On top of that it also states that the age-verification process that Resistance uses is too easy to bypass (duh, 10-year-olds are smart enough to click the “yes I am 17+” button).
Firstly: What’s with the comparison to Nintendo and Microsoft? They’re pretty much entirely different services and thus not something that this situation can be held up against for contrast. Putting aside the fact that this guy was probably banned for completely justified (but unspecified) reasons it does seem a little harsh to have been banned from the entire network. However, is it just me or does $55,000 seem a little extensive? Wouldn’t simply appealing the ban be more reasonable. SCEA seem to be on the same wavelength and have yet to respond to the lawsuit.
This is just one more disgruntled player who is pissed to have been kicked off the service and is going over the top in an effort turn the situation in his favour. As heartless as it may sound, this player’s dependence on the service is none of Sony’s concern, and quite rightly so. They provide it for free and if they feel they have to remove someone from their service to allow the rest of the user base to have a good time then they should very much do it!
Depending on how far up the ladder this suit gets I can’t see this guy’s claims being met. At most Sony will reinstate the account or at most reimburse him for the lost points. That’s all they should do, if that.
Via: GamePolitics
iTunes
I wonder what he got banned for. The goo ol’ “RTFM” probaly applies here.
I’m not a fan of perma bans, but suspensions need to be handed out more regualrly imo.
Like Wex I’d like more details on his online offenses. If he’s been griefing up a storm then it might not be bad to relaease that info as a deterrant to other douchebaggery.
In order to get a ban from PSN you have to violate the terms you agreed to follow (being an ass, stalking someone, glitching (I got a 1 day temp ban for this), or any of the other terms). The terms you agreed to when making a PSN account may only be a yes/no question but that question is a legal document and since that guy agreed to those terms he shouldn’t have anyone to blame other than himself.
Besides he can just make a new account for free (I think, I don’t know if the ban is just that account or his entire PS3). Most downloaded games, movies, music, and pics can be used by any number of users on the same PS3.
stop plugging your annoying blog
Reimburse him for the lost points? Where has this guy lost any money? PSN play is free so all I can think of is the money he paid for the game.
Here’s another question. Who the fuck is still playing Fall of Man? Resistance 2’s MP is awesome in comparison.