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.

 
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