Judge Able to Resist PSN Lawsuit
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.
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Posted 02/08/10 at 02:22pm
Valdearg: J/K, btw, with that last comment. Just in case anyone was confused.
Valdearg: J/K, btw, with that last comment. Just in case anyone was confused.
Posted 02/08/10 at 02:21pm
Valdearg: This comes on the heels of Sarah Palin telling the Teaparty Convention to pray for Divine intervention to stop the Progressive tide. It seems she succeeded in recruiting the big man to offer some help. >.<
Valdearg: This comes on the heels of Sarah Palin telling the Teaparty Convention to pray for Divine intervention to stop the Progressive tide. It seems she succeeded in recruiting the big man to offer some help. >.<
Posted 02/08/10 at 02:20pm
Valdearg: @A_L: I'm hearing that, as well.. It seems the dems aren't just losing seats via elections... :(
Valdearg: @A_L: I'm hearing that, as well.. It seems the dems aren't just losing seats via elections... :(
Posted 02/08/10 at 02:04pm
DarkSaber: Did he design Big Murtha Truckers 1 & 2?
DarkSaber: Did he design Big Murtha Truckers 1 & 2?
Posted 02/08/10 at 01:50pm
Austin_Lewis: John Murtha reportedly deceased.
Austin_Lewis: John Murtha reportedly deceased.
Posted 02/08/10 at 01:04pm
Shadow D. Darkman: DarkSaber: (EDIT) IDC really, it's just good to see some new stuff here.
Shadow D. Darkman: DarkSaber: (EDIT) IDC really, it's just good to see some new stuff here.
Posted 02/08/10 at 01:02pm
DarkSaber: @Shadow If the on-going spat in China over WoW counts as "new" at least. Does anyone here REALLY give a shit about the state of chinas game industry anyway?
DarkSaber: @Shadow If the on-going spat in China over WoW counts as "new" at least. Does anyone here REALLY give a shit about the state of chinas game industry anyway?
Posted 02/08/10 at 12:59pm
gellymatos: Oh, we pro-life advocates have our nutjuobs to (ie, guys who shoot up abortion clincs). We can have worse ones than yours.
gellymatos: Oh, we pro-life advocates have our nutjuobs to (ie, guys who shoot up abortion clincs). We can have worse ones than yours.
Posted 02/08/10 at 12:58pm
Shadow D. Darkman: Finally, new articles!
Shadow D. Darkman: Finally, new articles!
Posted 02/08/10 at 12:57pm
Valdearg: @Gelly: As much as I hate to admit it, it's because so many of us on the Left are utterly predictable with our outrage, LOL.
Valdearg: @Gelly: As much as I hate to admit it, it's because so many of us on the Left are utterly predictable with our outrage, LOL.
Posted 02/08/10 at 12:57pm
gellymatos: Oh, and the boycotting didn't get that much attention to be a real blow to pro-choice advocates either.
gellymatos: Oh, and the boycotting didn't get that much attention to be a real blow to pro-choice advocates either.
Posted 02/08/10 at 12:52pm
gellymatos: ...predict such a bad move by what is not considered a stupid group.
gellymatos: ...predict such a bad move by what is not considered a stupid group.
Posted 02/08/10 at 12:50pm
gellymatos: How can you script someone boycotting the super bowl over such a trivial ad. An ad they must have seen before hand. You can't...
gellymatos: How can you script someone boycotting the super bowl over such a trivial ad. An ad they must have seen before hand. You can't...
Posted 02/08/10 at 12:47pm
Valdearg: There are plenty of bright people in Marketing, and this struck me as too perfect, and too scripted to have been just a byproduct of some lucky stroke of luck on FotF's part.
Valdearg: There are plenty of bright people in Marketing, and this struck me as too perfect, and too scripted to have been just a byproduct of some lucky stroke of luck on FotF's part.
Posted 02/08/10 at 12:46pm
Valdearg: You are so quick to disqualify the possibility that it was planned. I'm not saying that it necessarily WAS as I describe it, but I certainly believe it a very real possibility.
Valdearg: You are so quick to disqualify the possibility that it was planned. I'm not saying that it necessarily WAS as I describe it, but I certainly believe it a very real possibility.
Posted 02/08/10 at 12:42pm
gellymatos: ...that. However, that doesn't strike me as something predictable. Was it a bonus? Yes. Was it planned to be so? No.
gellymatos: ...that. However, that doesn't strike me as something predictable. Was it a bonus? Yes. Was it planned to be so? No.
Posted 02/08/10 at 12:41pm
DarkSaber: Ah right here we go again, someone disagrees with Val therefore they don't know what they are talking about.
DarkSaber: Ah right here we go again, someone disagrees with Val therefore they don't know what they are talking about.
Posted 02/08/10 at 12:40pm
gellymatos: Ok, you're right there. It did make the pro-choice advocates look bad, specifically boycotting the Super Bowl. Forgot about...
gellymatos: Ok, you're right there. It did make the pro-choice advocates look bad, specifically boycotting the Super Bowl. Forgot about...
Posted 02/08/10 at 12:36pm
Valdearg: You have to stop taking everything at face value. If you don't think there was someone thinking along the exact same lines that I am now, when they were developing this Marketing Campaign, you are sorely mistaken.
Valdearg: You have to stop taking everything at face value. If you don't think there was someone thinking along the exact same lines that I am now, when they were developing this Marketing Campaign, you are sorely mistaken.
Posted 02/08/10 at 12:34pm
Valdearg: No offense, Gelly, but you are too disconnected from this topic to understand. The Pro-Choice people threw a FIT, and were going to boycott the SB because of it. The fact that it was so mild makes the Pro-Choice people look like idiots to those aware of i
Valdearg: No offense, Gelly, but you are too disconnected from this topic to understand. The Pro-Choice people threw a FIT, and were going to boycott the SB because of it. The fact that it was so mild makes the Pro-Choice people look like idiots to those aware of i
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Comments
Saw that coming. But really, good for that judge. The complainant had it coming.
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.
Remind me to not to forward anymore stories to GP.
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I LIKE the fence. I get 2 groups to laugh at then.
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.
...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.
And kill all the geese that lay the golden eggs? Doubtful.
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.
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.
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.
So does this mean MS have a green light to ban gays for saying they are gay in their ID?
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I LIKE the fence. I get 2 groups to laugh at then.
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.
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!