Judge Able to Resist PSN Lawsuit

October 1, 2009 -

The case of a gamer who sued Sony Computer Entertainment America (SCEA) over being banned from the PlayStation Network has been tossed out of court.

After being banned for “multiple violations” on PSN, the Resistance: Fall of Man player Erik Estavillo had sued SCEA for violating his First Amendment rights (for the PSN ban) and for money he had invested into the PSN Wallet Fund. He sought $55,000 and an injunction that would limit SCEA from banning any players in any form on the network.

Northern District of California District Judge Ronald M Whyte ruled that there was no plausible First Amendment claim for relief stated and dismissed the case.

The Technology & Marketing Law Blog (via Gamasutra) zeroed in on one specific comment of Whyte’s, that “Sony's Network is not similar to a company town.” Blogger Eric Goldman wrote:

…this opinion emphatically rejects a meme that has become pretty popular among virtual world exceptionalists. Some exceptionalists have favored the company town analogy because it enable virtual world customers to reduce an operator's ability to run its business capriciously.

A PDF version of the Order Granting Defendant's Motion To Dismiss is also available on the aforementioned blog.


Comments

Re: Judge Able to Resist PSN Lawsuit

And here I was hoping that Sony would countersue for legal fees and slander/libel/defamation/etc and that the judge would rule for Sony.

 

Or at least rule that the little snot take a f***ing class in government!

Re: Judge Able to Resist PSN Lawsuit

This idiot should have to pay Sony's legal fees for being a dumbass and his lawyer disbarred for taking on such an obviously wrong argument.

Re: Judge Able to Resist PSN Lawsuit

So does this mean MS have a green light to ban gays for saying they are gay in their ID?

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

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: Judge Able to Resist PSN Lawsuit

The judge that tossed this suit is the same judge that ruled California's anti-game law unconstitutional.

Geaux Saints, Geaux Tigers, Geaux Hornets, Jack Thompson can geaux chase a chupacabra.

Geaux Saints, Geaux Tigers, Geaux Pelicans. Even through the darkest days, this fire burns always.

Re: Judge Able to Resist PSN Lawsuit

...so can Microsoft start banning the homophobes and racists from XBL already?  This is kind of a green light for Sony, Microsoft and pruveyors of other similar services.

Re: Judge Able to Resist PSN Lawsuit

If you banned all those people, Zerodash, the player count on the entirety of XBL would be down to about 23. As much as I hate those annoying...individuals, I don't want to have to play with the same 23 people every day.

Re: Judge Able to Resist PSN Lawsuit

You are, of course, assuming that you're one of those 23, eh?

Personally, I don't think swearing or using racial slurs and other slurs makes you a 'racist' or a 'homophobe' on XBL.  It just means that you chose one way to offend and annoy people over another.

Re: Judge Able to Resist PSN Lawsuit

And kill all the geese that lay the golden eggs? Doubtful.

Re: Judge Able to Resist PSN Lawsuit

Much like how claims came fro ma certai nex lawyer that GP violated his first amendment rights, he wasn't in a public park acting like an ass, so Sony had every right to ban him on their PRIVATELY owned network.

Re: Judge Able to Resist PSN Lawsuit

Remind me to not to forward anymore stories to GP.

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

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: Judge Able to Resist PSN Lawsuit

Definitely. Online networks are just like any other buisness. How about a restaurant analogy? They reserve the right to refuse service to anyone, and the right to ban unruly customers from the premises.

Re: Judge Able to Resist PSN Lawsuit

Saw that coming. But really, good for that judge.  The complainant had it coming.

 
Forgot your password?
Username :
Password :

Poll

Which group is more ethically challenged?:

Shout box

You're not permitted to post shouts.
Andrew EisenOffering suggestions for improvement does not mean that the work in question is garbage or not doing fine.07/01/2015 - 8:21pm
Goth_SkunkIf their products were garbage, they wouldn't be as praiseworthy as they are.07/01/2015 - 8:08pm
Goth_SkunkAnd Andrew, I really don't think GRRM or the producers of the Game of Thrones TV show need anyone to tell them what to do to make their products better.They appear to be doing just fine on their own.07/01/2015 - 8:07pm
Goth_SkunkThe only thing not worth talking about, is what shouldn't be talked about.07/01/2015 - 7:47pm
Goth_Skunk@Infophile: It could be a reason, if I were wrong. I'm not.07/01/2015 - 7:44pm
PHX Corphttp://kotaku.com/steam-players-take-justice-into-their-own-hands-virtua-1715215648 anyone seen this, Steam Players Make Their Own Justice, Virtually Imprison Troll07/01/2015 - 7:17pm
Andrew EisenHeh, just had our (IGN's) journalistic integrity called into question over two typos on one of the Wikis (which are editable by the readers).07/01/2015 - 6:08pm
Matthew Wilson@tech this isnt the only stupid tax in recent months though. they were adding a commuter tax as well. if they continue doing crap like this, they will run in to the same issues as Detroit.07/01/2015 - 5:34pm
TechnogeekI guess we can give Chicago credit for diversifying their portfolio of corruption, although they've still got a lot of work before they retake that crown from Louisiana.07/01/2015 - 5:29pm
TechnogeekEh, cities abusing taxation power for their own game isn't really a "Detroit" thing so much as a "corrupt small town" thing.07/01/2015 - 5:29pm
Matthew Wilsonhttp://arstechnica.com/tech-policy/2015/07/chicago-netflix-customers-your-bill-is-about-to-up-9-percent/ Chicago wants to become the new Detroit so be it.07/01/2015 - 4:58pm
InfophileAnd also, she said "anyone," but she also said "probably." This means there's a subset for whom the "you shouldn't write it" doesn't apply.07/01/2015 - 4:47pm
InfophileGoing back a bit: "As I believe there is no justification, there is no reason for me to continue reading." - One reason to read might be to find out if you're wrong about there being no justification for it.07/01/2015 - 4:45pm
Andrew EisenRead it here: http://www.zenofdesign.com/getting-diversity-to-speak/07/01/2015 - 4:42pm
Andrew EisenFormer Bioware dev, Damion Schubert, offers an interesting thought on diversity in the industry. Not only is it important to have, it's important to make sure they feel comfortable offering their perspective.07/01/2015 - 4:40pm
Andrew EisenHeh, I did consider it!07/01/2015 - 4:37pm
Craig R.Aww, video gamer players wasn't an option for the poll?07/01/2015 - 4:33pm
KaylaKazeI think the problem here is certain people don't know what "shouldn't" means, even after it's been explained to them half a dozen times.07/01/2015 - 4:19pm
Andrew EisenWhat if creators heard our feedback, agreed with it and then... oh god... made a better show? The HORROR!!!07/01/2015 - 4:13pm
Andrew EisenI mean, next thing you know they'll make a YouTube video. A YOUTUBE VIDEO!!!07/01/2015 - 4:07pm
 

Be Heard - Contact Your Politician