Banned Resistance Gamer Appeals Verdict

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!”

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  1. Austin_Lewis says:

    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.

  2. thefremen says:

    What I got out of that comment:


    They still make Armour Hot Dogs? I haven’t seen them in years… 

  3. Father Time says:

    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.

  4. Nessmk2 says:

    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.

  5. sqlrob says:

    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.


  6. Arimer says:

    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.

  7. Austin_Lewis says:

    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).

  8. Austin_Lewis says:

    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…

  9. Kabyk says:

    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.

  10. sheppy says:

    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.

  11. sqlrob says:

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


  12. Nessmk2 says:

    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.

  13. DarkSaber says:

    And I do it so well.


    I LIKE the fence. I get 2 groups to laugh at then.

  14. DarkSaber says:

    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.

  15. Ryno says:

    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…

  16. hologram5 says:

    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.

  17. Arcanagos says:

    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

  18. Nekowolf says:

    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.

  19. DarkSaber says:

    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.

  20. Zerodash says:

    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…

  21. Arcanagos says:

    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

  22. Icehawk says:

    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?  

  23. Austin_Lewis says:

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

  24. MechaTama31 says:

    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!  😀

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