Banned Resistance Gamer Appeals Verdict

October 26, 2009 -

A California gamer whose lawsuit against Sony Computer Entertainment America was tossed out of court last month has filed an appeal.

Resistance: Fall of Man player Erik Estavillo originally filed a complaint against SCEA on July 6th of this year, alleging that Sony suppressed his free speech rights by banning him from the PlayStation Network. Estavillo further claimed that disabling his account amounted to a theft of his PSN pre-paid points and that SCEA was unable to stop users under 17 years of age from playing.

A judge dismissed Estavillo’s lawsuit on September 22, 2009, ruling that there was no plausible First Amendment claim for relief.

The appeal was filed on October 19 in the United States Court of Appeals for the Ninth Circuit.

Update: Estavillo also filed (on October 14th) a civil lawsuit against SCEA in Superior Court of California, County of Santa Clara seeking $180,000.

Estavillo tells GP he is representing himself in these cases and, in light of his PSN ban, is playing the Wii (Metroid Trilogy) and Xbox 360 (Mortal Kombat vs. DC Universe). Estavillo said that he loves playing as The Joker in the latter title and may be “a bit obsessed” with the character, adding, “I plan to wear a purple suit during my court trials. No joke!”


Comments

Re: Banned Resistance Gamer Appeals Verdict

Is this kid Jack Thompson's apprentice?

Re: Banned Resistance Gamer Appeals Verdict

What I got out of that comment:

 

They still make Armour Hot Dogs? I haven't seen them in years... 

Re: Banned Resistance Gamer Appeals Verdict

I know, right?  I was astonished!  After a few years of being spoiled with Oscar Meyer, Ballpark, and whatever hot dogs my wife keeps buying, I was indeed dumbstruck when I found that Armour Hot Dogs were still in existence.

Re: Banned Resistance Gamer Appeals Verdict

Found a local fox affiliate article that has more of the guy being an idiot and links to his youtube so you can see what he was banned for.  

 

http://www.fox40.com/news/headlines/ktxl-news-playstation3-1026,0,156635.story

Re: Banned Resistance Gamer Appeals Verdict

I just went back to find the videos he posted on youtube of all this happening and it seems he has deleted them.  Apparantly posting videos of getting banned for continually doing nothing but yelling profanities and other derogative terms didn't help his case.  And it only took him a few months to figure that out.

If I was Sony I woulda just saved these videos and said.  Here's what the idiot did to get banned.

Re: Banned Resistance Gamer Appeals Verdict

So, now he's suing Sony in a civil lawsuit in California?  God willing, he'll lose that, but depending on where he is, it's hard to tell how it'll end.  California is home to many a ridiculous court case...

Re: Banned Resistance Gamer Appeals Verdict

I don't understand why people can't just be, ya know, not assholes? Is it really that fun / masculating?

I know idiots outnumber us 6:1, but I hoped assholes was a smaller ratio.

Re: Banned Resistance Gamer Appeals Verdict

lol, talk about being butthurt banned.

http://www.eliteownage.com/nice

Re: Banned Resistance Gamer Appeals Verdict

What a loon, surely this must be Jacky Boy's Illegitament child.

I agree with some of the suit

PSN points and games should be refunded if banned. Other than that though, he should take a long walk off a short pier.

 

Re: I agree with some of the suit

Actually, according to the terms of service, if you're banned, you're denied access to the PSN.  But not content previously purchased.  And this is CLEARLY lined out.  Thing is, getting banned off PSN and XBL is not an easy task to achieve.  You have to be an excessively large asshole and apparently he was.

So screw him, he broke TOS, he deserves what he got.

Wall of Text Simulation- Insert coin to continue.

Wall of Text Simulation- Insert coin to continue.

Re: I agree with some of the suit

And you can still transfer the games to another PS3 without the account?

I have no issues with them removing the ability for multiplayer, their network, their rules. Removing access to property, that I can't abide.

 

Re: I agree with some of the suit

I'm not so sure. I mean, imagine you buy a gift card for a mall, and then you do something to get banned from said mall. Would you get that refunded? No.

 

On a moral ground, I agree that he should at least be allowed on the PSN store to spend the points and download games... Unless there's something he can do to screw that up too.

Re: I agree with some of the suit

You could still sell/give away the gift card though.

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

Debates are like merry go rounds. Two people take their positions then they go through the same points over and over and over again. Then when it's over they have the same positions they started in.

---------------------------------------------------- Debates are like merry go rounds. Two people take their positions then they go through the same points over and over and over again. Then when it's over they have the same positions they started in.

Re: I agree with some of the suit

Damn right its not easy to achieve.  And it's not like you can't see it coming, either. 

Fact of the matter is, he chose to act in a way that was unacceptabe, even by the standards of a community where the insults hurled by the players are, often, things they would not say to another's face. Some games I've played in end up like Michael Richards' comedy routine so infamously did, while others involve discourse made primarily of sexual jokes involving hot dogs and one's mother. 

Funny story:  I played Call of Duy Modern Warfare a few months back, and an 'urban thug' was on the team.  Instead of playing, he routinely killed our team.  So, the entire team began to kill him any time he spawned.  He began a long diatribe about how my mother enjoyed sexual intercourse with a pack of Armour hot dogs (I didn't know Armour hot dogs were still made, honestly).  I let him go on for a while, and then, when he stopped talking for a moment, I replied that at least I knew who my father was and my mother wasn't out turning tricks because she was bad with money.  He began crying and left the game.  The lesson here?  You can hurt your opponents' feeling and psyche without using words that could, in other circumstances, lead you to have to listen to Jesse Jackson demand an apology (of course, given Jackson's stance on Jews, having to apologize to him for anything is the utmost degree of hypocrisy).

Re: Banned Resistance Gamer Appeals Verdict

No wonder he got banned

 

Never underestimate the power of idiots in large amounts.

Never underestimate the power of idiots in large amounts.

Re: Banned Resistance Gamer Appeals Verdict

Yeah. Here's to legal-fee countersue that'll leave this guy in a cardboard box. I'm not for anyone suffering, as much as that might sound like it, but people need to get the fact that suing costs money, and the taxpayers shouldn't be footing the bill, and it shouldn't be clogging our legal system. If people started paying for the suits they lost, it would slow the stream at least a bit.

Re: Banned Resistance Gamer Appeals Verdict

If there were ever an argument for tort reform, this guy is it.

Re: Banned Resistance Gamer Appeals Verdict

Why are any of you surprised?  He was as douchebag before all this, at least to the point of getting banned from a community that is known for breeding dickheads.  

He probably figures (hopes) that Sony will cave in and offer to buy off his complaint.   Hes a jerk and a fool but apparently not without a few brain cells.    Afterall its not his money hes wasting it is?  

Re: Banned Resistance Gamer Appeals Verdict

Actually it is really retarded of him.  Sony's eventually going to countersue him to recoup all legal fees, then he'll be lucky to be able to afford a keychain game, let alone a PS3. (and I'd give anything to see that happen)

"Go ahead and hate your neighbor, go ahead and cheat a friend. Do it in the name of Heaven, Jack Thompson'll justify it in the end." - nightwng2000

"Go ahead and hate your neighbor, go ahead and cheat a friend. Do it in the name of Heaven, Jack Thompson'll justify it in the end." - nightwng2000

Re: Banned Resistance Gamer Appeals Verdict

Here's hoping the punk gets fined $10,000 for filing a frivelous lawsuit.

Re: Banned Resistance Gamer Appeals Verdict

Did GP REALLY have to dignify his thick as pig-shit attention whoring by getting some quotes?

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

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: Banned Resistance Gamer Appeals Verdict

They still do it for Thompson.

 

So why not?   Nobody's forcing yo to read these.

Re: Banned Resistance Gamer Appeals Verdict

Well it's been quite some time since some jumped-up self-appointment Comments Policeman made that facetious little statement. Jog on kid.

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

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: Banned Resistance Gamer Appeals Verdict

Bit of a case of Pot/Kettle there don't you think?

Re: Banned Resistance Gamer Appeals Verdict

And I do it so well.

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

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: Banned Resistance Gamer Appeals Verdict

Much like Jack, it's good for a laugh at his stupidity.

Plus you see this all the time in MMOGs, where somebody gets their post locked or deleted, they come yelling about their 1st Ammendment rights, even when the game's in another country.

 

Saying that Jack Thompson is impotent is an insult to impotent men everywhere. They've got a whole assortment of drugs that can cure their condition; Jack, however...

Saying that Jack Thompson is impotent is an insult to impotent men everywhere. They've got a whole assortment of drugs that can cure their condition; Jack, however...

Re: Banned Resistance Gamer Appeals Verdict

Here's a brilliant idea: maybe he should've been less of a douchebag and, you now, avoided getting banned.

Re: Banned Resistance Gamer Appeals Verdict

Wow, I didn't realize I had a first amendment right to force a private entity to publish and disseminate my words.  I love learning new things about the constitution!  :D

Re: Banned Resistance Gamer Appeals Verdict

Although this will go nowhere but LOLville, can you imagine what the world would be like if he actually won this case?  Internet trolls and griefers would turn the net into a wasteland of irrelevance.  Wikipedia would be 100% useless, and the worldwide bandwidth would be clogged with nonsense.  Thats nothing to say for the legal system.  Oh, and Jack would be back on all the websites he was banned from- completely uninhibited by decency or restraint. 

Talk about the end of the computer age...

Re: Banned Resistance Gamer Appeals Verdict

It's not already?

Re: Banned Resistance Gamer Appeals Verdict

Nah, there's still a few groups of survivors staking it out among the caves of the wasteland, who haven't been horribly mutated from the radiation of ludicrousy.

Re: Banned Resistance Gamer Appeals Verdict

First amendment should cover also internet drama? Legal system would be saturated until 1,983,827 B.C.

They will look up and shout "Give ROFLCOPTERS to us"... and I´ll whisper "NO". The cynical side of videogames (spanish only): http://thelostlevel.blogspot.com/ My DeviantArt Page (aka DeviantCensorship): http://www.darkknightstrikes.deviantart.com

Re: Banned Resistance Gamer Appeals Verdict

Dear God, this guy doesn't know when to quit, does he?  Considering he's practically already admitted he's just doing this to inconvenience Sony... I think I just lost a little faith in humanity now that I've found out someone besides Jack Thompson can be so stupid and immature.

 

"Go ahead and hate your neighbor, go ahead and cheat a friend. Do it in the name of Heaven, Jack Thompson'll justify it in the end." - nightwng2000

"Go ahead and hate your neighbor, go ahead and cheat a friend. Do it in the name of Heaven, Jack Thompson'll justify it in the end." - nightwng2000

Re: Banned Resistance Gamer Appeals Verdict

I agree, this will most likely be thrown out as a "frivolous" lawsuit once the Judge gets wind of his idiot statement.  Love the link to "one tin soldier".  Great song.

 
Forgot your password?
Username :
Password :

Poll

Did Microsoft pay too much ($2.5 billion) for Minecraft developer Mojang?:

Shout box

You're not permitted to post shouts.
Andrew EisenWhat I find most amazing is the fact that Yiannoppoulos's evidence doesn't in any way support his claim. And I still fail to see the lack of ethics in discussing the ethics surrounding public interest vs. personal privacy.09/19/2014 - 4:13pm
Andrew EisenOh yeah, some outlets sensationalize things (especially with the chosen headline). No argument there. As far as gender issues not being widespread? I'm inclined to disagree but I suppose it depends on what specifically you're talking about.09/19/2014 - 3:43pm
SleakerI think I've been qualitatively informed by those Factual Femenist videos that there isn't reallly a widespread gender issue, and that there are select news outlets that try to sensationalize things.09/19/2014 - 3:37pm
james_fudgeI'm just going to leave this here before someone else does:http://yiannopoulos.net/2014/09/19/gamejournopros-zoe-quinn-email-dump/09/19/2014 - 3:21pm
NeenekoI have met some real jerks and slimeballs in gender activism, but when I hear the idea that there are many 'not nice' people it comes across as code for 'uppity people who do not know their place'.09/19/2014 - 12:10pm
Andrew EisenKrono - Many of the people pushing gender issues aren't nice people? I'm sure not everyone's a sweatheart but so far, everyone I've seen with such a critique had absolutely nothing to back them up.09/19/2014 - 10:46am
InfophileI think there's a qualitative difference between a site and a hashtag though. GP can ban anyone from commenting, so they can have the image they want. But anyone can use any hashtag and try to poison it. Granted, that hasn't happened to the other one yet09/19/2014 - 10:13am
E. Zachary KnightKrono, your comparison to GP does not work. We do not need to get rid of GP, because no one associates GP with trolls and abuse. The same can't be said for gamergate.09/19/2014 - 10:09am
Krono@Michael You don't remember the "other hashtag" because no one actually uses it. We're talking 836,983 uses of #gamergate over it's lifetime, and 8,119 for the "alternative". 47,129 uses on the 18th vs 41. With #notyourshield at 140,133 uses & 5,209 uses09/19/2014 - 9:48am
Kronoresearch it. Changing tags to get away from trolls would be like wiping GamePolitics and restarting under a new name to get away from people calling Jack Thompson a filthy names in the comments section.09/19/2014 - 9:35am
Sleaker@quiknkold - seems like all that page is is a bunch of random developer opinions and rumors that we're supposedto do what with?09/19/2014 - 9:31am
Kronoas an opportunity to push back against them. It's one of the things muddling the issue. @conster A new hashtag would do nothing to improve anything. Trolls will simply follow to the new hashtag, and it will confuse the issue for anyone attempting to09/19/2014 - 9:25am
Krono@Andrew aaah. Yes, I'm sure there's some of that. Part of the problem is many of the people pushing gender issues are not very nice people. Basically the latest incarnation of moralists we've seen in the past couple decades. Naturually some will take this09/19/2014 - 9:23am
quiknkoldhttp://www.nichegamer.net/2014/09/real-gamedevs-sound-off-regarding-the-gamergate-controversy/09/19/2014 - 8:35am
MaskedPixelanteMeanwhile, in news that actually DOES matter, Scotland voted "NO" to Scottish independance.09/19/2014 - 8:20am
ConsterSeriously? "We shouldn't make a new hashtag - it's better to associate ourselves with psychos than to decrease our visibility"?09/19/2014 - 7:54am
Michael ChandraI forget what it is exactly, but there already is another hashtag that some use, exactly to separate themselves from the abusive behaviour. So don't bother lying to me.09/19/2014 - 7:06am
quiknkold2 to 3 or more09/19/2014 - 6:53am
quiknkoldMichael Chandra : I'll say this. The only reason they havent used another hashtag is because it would look like a form of dividing the arguement. Using another Hashtag has come up, and they feel like if they made a new hashtag, it'll split the debate from09/19/2014 - 6:53am
Michael ChandraYou want a debate? Build a wall between you and the poisoned well. Make clear you despise it, despise the behaviour. Then get into the other issues you are troubled with, and don't say a single word again about the poisoned well.09/19/2014 - 3:46am
 

Be Heard - Contact Your Politician