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. Solidarity for the Saints = No retreat, no surrender. 2013 = Saints' revenge on the NFL. 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

Best decade for video games?:

Shout box

You're not permitted to post shouts.
MaskedPixelantehttp://www.newsarama.com/23947-axel-alonso-says-x-men-will-have-new-world-post-secret-wars.html Marvel gives 20th Century Fox the finger, takes their ball and segregates the mutant population in their own universe. According to rumors at least.03/27/2015 - 10:21pm
Papa MidnightSure thing!03/27/2015 - 9:00pm
Andrew EisenPM - Thanks, I've updated the story.03/27/2015 - 8:59pm
Papa Midnighthttp://arstechnica.com/tech-policy/2015/03/13-year-old-minecraft-player-confesses-to-swatting-police-say/03/27/2015 - 8:38pm
Andrew EisenThat would mean either Nintendo's next home console will be out by next year or the next Zelda game is suffering a two year delay. Both extraordinarily unlikely.03/27/2015 - 8:34pm
Matthew Wilsonsome people are thinking we might have a Twilight Princess situation on our hands, what do you guys think?03/27/2015 - 8:01pm
MechaCrashMiyamoto once said "a delayed game is eventually good, a bad game is bad forever." While this can be taken to excess, it is good that Nintendo remembers it.03/27/2015 - 7:44pm
MaskedPixelanteYay for it not being a buggy mess like AC Unity. Boo that it got delayed til November 2016.03/27/2015 - 7:07pm
Andrew EisenAgreed. Considering we've seen nothing of the game (and those who did see it last E3, said it was super duper early) I would be quite surprised to see it this year.03/27/2015 - 5:28pm
Matthew WilsonI am sure star fox is 2016 too.03/27/2015 - 5:14pm
ZippyDSMleeThe primary reasons I would get a Nintendo system is Zelda and Metroid, Metroid prime collection was beyond words awesome even if 3 was the weakest one. I played TWP on the emulator I have Skyward Sword but like TWP I been putting it off…. LOL03/27/2015 - 5:14pm
Daniel LewisI actually thought star fox would be the game to be delayed,hopefully that isn't as well!03/27/2015 - 5:13pm
Daniel Lewiswoah post shared at the same time matthew,you just beat me!03/27/2015 - 5:11pm
Daniel LewisZelda wii u delayed until 2016 https://www.youtube.com/watch?t=67&v=C6Pzdl1wdUM03/27/2015 - 5:10pm
Matthew Wilsonhttps://www.facebook.com/video.php?v=866919960035802&permPage=1 Who did not see this coming?03/27/2015 - 5:09pm
ZippyDSMleehttp://www.huffingtonpost.com/2015/03/27/kleiner-perkins-verdict_n_6958164.html03/27/2015 - 5:07pm
MechaTama31I am always mysitfied when Cowboy Bebop is held up as an example of a good dub. Is it because it merely makes you want to cover your ears, rather than want to jam red-hot pokers into them?03/27/2015 - 5:04pm
james_fudgeyeah we covered that03/27/2015 - 4:41pm
Matthew Wilsonhttp://arstechnica.com/tech-policy/2015/03/13-year-old-minecraft-player-confesses-to-swatting-police-say/ not surprised.03/27/2015 - 3:51pm
Matthew WilsonI know most of my friends first saw robotech when it was on Toonami in the mid 90s, but it is possible that a fan who watched it in the 80s are in a position to do it.03/27/2015 - 1:04pm
 

Be Heard - Contact Your Politician