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?

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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.

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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.

 
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Andrew EisenComic on EA and its subsidiaries: http://cheezburger.com/8456978176/funny-web-comics-rip-maxis Might be old. Don't know who drew it. Still cute.03/05/2015 - 3:10pm
WonderkarpI'm actually quite excited for rockband 4. cause I feel like theyve had enough time to learn from mistakes and make a better game with better accessories03/05/2015 - 2:22pm
Andrew EisenAnd, for those who want more detail on Rock Band 4, here's an interview with the dev: http://www.hardcoregamer.com/2015/03/05/harmonix-talks-rock-band-4-wii-u-version-missing-keytar-and-upcoming-songs/137579/03/05/2015 - 2:08pm
Wonderkarphttp://techraptor.net/content/rock-band-4-announced Rock Band 4 is coming.03/05/2015 - 12:29pm
Andrew EisenMechaTama - Again, my apologies for being unclear. The last sentence really should have started "For example, in the below link," similar to how I worded the request the last time I made it.03/05/2015 - 11:57am
Papa MidnightBecause, you know, that's worked out so well over the past 10 years that they've said the same exact thing: https://i.imgur.com/RFrFNoZ.jpg03/05/2015 - 9:25am
Papa MidnightAh, it's a new year. You know what that means: time for Microsoft to renew it's promise on PC Gaming! http://www.businessinsider.com/windows-10-games-2015-303/05/2015 - 9:24am
MechaTama31Not to belabor the point, but you did say "folks" and "any links", which doesn't sound to me like you were referring only to one particular link... </pedant> ;)03/05/2015 - 8:33am
MechaCrashIt can be made extraneous, depending on how you format the URL. For example: http://youtu.be/dQw4w9WgXcQ03/05/2015 - 6:28am
Andrew EisenMechaTama - I was referring specifically to the link below my post. I should have been more clear. My bad.03/05/2015 - 2:42am
james_fudgefair point, let's say "excluding YouTube videos"03/05/2015 - 2:25am
MechaTama31The stuff after the ? is not *always* extraneous.03/04/2015 - 11:57pm
MechaTama31AE: But that would make your link https://www.youtube.com/watch , which wouldn't work so well... ;)03/04/2015 - 11:56pm
E. Zachary KnightFor those curious, that timeline came from Destructoid: http://www.destructoid.com/tomm-hulett-s-unified-mario-timeline-theory-288472.phtml03/04/2015 - 8:11pm
WymorenceJeez, who'd have thought Yoshi doing a good deed was the reason for everything in Mushroom Kingdom being so screwed up...?03/04/2015 - 7:49pm
prh99The most popular games on Steam for 2014 http://bit.ly/1zLE0r403/04/2015 - 7:47pm
Papa MidnightWow, EZK. Oh my goodness, that timeline is huge.03/04/2015 - 6:59pm
E. Zachary KnightIt's the Super Mario timeline. https://dl.dropboxusercontent.com/u/386496/smbTimeline_huge.png03/04/2015 - 6:49pm
prh99There are the various URL shortening services.03/04/2015 - 6:45pm
WymorenceIronic that they're releasing a game about cops and robbers in essence while they don the "extortionist" mask...03/04/2015 - 6:38pm
 

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