Banned Resistance Gamer Targets MS and NOA in Latest Suits

Erik Estavillo, the Resistance: Fall of Man gamer who sued Sony Computer Entertainment America (SCEA) over being banned from the PlayStation Network has targeted the remaining two major console makers in a new lawsuit.

Microsoft Corporation and Nintendo of America are defendants in a federal complaint, which was filed November 18 in the U.S. District Court, Northern District of California.

Microsoft is being sued for a “red ring of death” affecting the plaintiff’s Xbox 360 console. Estavillo notes that as he is disabled, he cannot afford to pay the “well over $100” fee to fix the console, nor can he afford to purchase a new one. He feels “that Microsoft should have to bear the burden that is now put on the shoulders of this disabled plaintiff.”

Estavillo is seeking $75,000 from Microsoft, due to the “undue stress” he has undergone since the 360 broke and the “sadness he will have in the mean time of finding one he can afford.”

The same complaint targets Nintendo over a Wii system update. Estavillo claims that update 4.3 disabled his Homebrew Channel, which he used to unlock characters in Mario Kart Wii. Plaintiff states that the only way to unlock characters in Mario Kart Wii is to purchase Super Mario Galaxy, which will unlock a single character in the former title. “In essence, Nintendo is forcing customers to buy another game to unlock one character in a different game.”

Damages to the tune of $5,000 are sought from Nintendo, for interfering in plaintiff’s “pursuit of happiness.” An injunction is also being sought to prohibit Nintendo from “deleting, blocking or prohibiting the Homebrew Channel and Ocarina applications.”

Estavillo says he suffers from depression, obsessive-compulsive disorder, panic disorder, agoraphobia and Crohn’s disease, all of which lead to his leaning on videogames “heavily” for happiness.

Estavillo plans to file a lawsuit in state court as well, which he wrote will “pretty much” be identical to the federal suit.

|Image from Flickr|

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48 comments

  1. 0
    Brr says:

    You know, if he actually has "depression, obsessive-compulsive disorder, panic disorder, agoraphobia and Crohn’s disease" wouldn’t you think he would avoid something stressful like filing lawsuits and appearing in court?  Or is this something where only his lawyer would have to show up?

  2. 0
    Phil_HarrisMMA says:

    Must….not…facepalm!

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    Gah! People like this bozo make me lose faith in the human race!

     

    ——————

    "Is Darth Vader gonna have to Force Choke a bitch?!?"

  3. 0
    sharpshooterbabe says:

    When I read this, I thought this is ridiculous. He sounds like he just wants money from them anyway. agrogaphobia has nothing to do w/this story either. I think he is looking for pity & then they will give him money. $100 is easy save up. & what about that disability check that comes in every month?

     

     

    "It’s better to be hated for who you are, then be loved for who you are not." – Montgomery Gentry

  4. 0
    deuxhero says:

    You need homebrew channel to unlock her? I thought it just lowered the requirements. Even if it was true, I can grab a SMG game save from gamefaqs and put it on my wii in under 20 minites.

  5. 0
    Zerodash says:

    I love this guy, a poster child for the "gimmie shit for free" crowd representing everything wrong with the world today.  I would lover to know how he puts food on his table.

  6. 0
    NotSoHardcoreGamer says:

    As a non-lawyer, I gotta ask:

    Is there anything the courts can do to penalize him seriously enough to stop him from filing any more of these silly lawsuits and trivializing the justice system?  I doubt he’s even half-serious about any of these- he’s just doing this to make fun of the same courts that threw out his first complaint.

    Unlike the stuff he finds in his consoles, court cases are not games.  He would do well to learn that.

    Sadly, he’s not a lawyer, so it’s not like he can be disbarred.

  7. 0
    ecco6t9 says:

    So if this manages to find in his favor, I in theroy could sue Square Enix for not making Final Fantasy 13 for the Wii.

     

    I think in this country, we need more counter suits or if you lose you pay a $1000 to county where you live,$5000 to the state and $10000 to feds for tying up the court systems.

  8. 0
    lordlundar says:

    Just checked. No there isn’t.

    Add to his weak case, the Mario Galaxy save isn’t keyed to the system. All he has to do is download a save and he can still do it.

    Unless he was using the HBC to get it immediately, at which point he’s just lazy. When you think about the lawsuits, it’s the best explanation.

  9. 0
    JDKJ says:

    That’s the required "amount in controversy" ($75,000) needed to bring a civil action for damages in federal court. If you file a lawsuit seeking a lesser amounted, you’ll get bounced outta court. Many litigants in federal court state that they’re seeking $75,000 in damages just so they can satisfy the threshold.

  10. 0
    gellymatos says:

    Ridiculous lawsuits (Jack Thompson aside) have finally hit the gaming industry. Moronic Lawsuits have hit every company from McDonalds to Walmart. Now someone has realized that these companies make for good targets. Last I checked, $75,000 costs more than if he were to have broken 30 Xbox 360s.

  11. 0
    jedidethfreak says:

    He used Homebrew to get Rosalina.  He then updated the firmware on his Wii, and all updates since 4.0 have disabled HBC.  This is where his problem stems from (his Wii problem, not that he sucks at life).

    He was dead when I got here.

  12. 0
    Beacon80 says:

    Even assuming he has all these (I’m not 100% convinced he’s not making it up) that still doesn’t make it Sony, Nintendo, or Microsoft’s responsibility to keep him happy.

  13. 0
    TK n Happy Ness says:

    "The same complaint targets Nintendo over a Wii system update. Estavillo claims that update 4.3 disabled his Homebrew Channel, which he used to unlock characters in Mario Kart Wii. Plaintiff states that the only way to unlock characters in Mario Kart Wii is to purchase Super Mario Galaxy, which will unlock a single character in the former title. “In essence, Nintendo is forcing customers to buy another game to unlock one character in a different game.”"

    The Homebrew Channel is pretty much illegal anyway, and as for Rosalina, apparently he should look at Gamefaqs before bitching.

    "Have a Super Mario Galaxy savefile and she will be unlocked after 50 races or get 1 star in all 8 Mirror Mode Cups."

    There is a way to get chars for those that are too lazy or stupid to get Galaxy.

    When Jack Thompson runs his mouth, does anyone really care what he has to say anymore?

  14. 0
    Freyar says:

    “Estavillo says he suffers from depression, obsessive-compulsive disorder, panic disorder, agoraphobia and Crohn’s disease, all of which lead to his leaning on videogames “heavily” for happiness.”

    Obsessive-compulsive disorder is right.

  15. 0
    PHX Corp says:

    File this under Loony Lawsuits, It’s similar to last times attempt by the moron, he should just leave the console companys alone

    to Erik Estavillo: Just. plain. stop., Lawsuits will get you nowhere, you’ll Just sink to the level of metro Moron of miami, cease your crusade against the Console companies. please

    Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

  16. 0
    DavCube says:

    Doesn’t the 360 have a three-year warranty? As in, he could get it sent in and fixed for FREE?

    "Plaintiff states that the only way to unlock characters in Mario Kart Wii is to purchase Super Mario Galaxy"

    …what the hell is he reading to understand that?

    "An injunction is also being sought to prohibit Nintendo from “deleting, blocking or prohibiting the Homebrew Channel and Ocarina applications.”"

    All together now: "This is illegal, you know."
    It’s kinda what you get for HACKING YOUR CONSOLE. Idiot.

  17. 0
    Beacon80 says:

    which he used to unlock characters in Mario Kart Wii.

    Wait, if he had a program like this… why couldn’t he use it to unlock Rosalina?  I’m confused.

  18. 0
    Valdearg says:

    I suppose my comment wasn’t quite clear. That would be my fault. I wasn’t able to type everything I wanted because I was at work.

    My initial ideas were twofold. First, I think that he’s trying to play himself up as some sort of sad sob story. My instincts would tell me that he actually doesn’t suffer from most of that, personally. On top of that, to use that as an excuse to "rely heavily on games for happiness" is pathetic.

    It seems to me like this guy is just a pure sack of crap, and is trying to make a quick buck.

    That being said, I’m also a firm believer in mind over matter, myself. I think people who look at things like OCD, Depression, Phobias, and Panic Disorders as things they can exploit or use as excuses for not being responsible in life, rather than something to overcome, are reprehensible. I understand, on a personal level, how some of these affect people. I, myself, suffer from mild depression. However, I don’t use it as a reason not to be responsible in life, and this guy seems like just the type to go, "I have ‘Mental Disorders’! Gimme, gimme, gimme!"

  19. 0
    Vordus says:

     As both a sufferer of mental health problems and a volunteer for a mental health charity, I really must object here. He’s a pathetic sack of noun merely for filing frivolous lawsuits, not because of the various chemical imbalances in his head and immune system.

    His reliance entirely upon video games (and, presumably, coming up with frivolous lawsuits) as a coping mechanism on the other hand is entirely debatable.

  20. 0
    Valdearg says:

    "Estavillo says he suffers from depression, obsessive-compulsive disorder, panic disorder, agoraphobia and Crohn’s disease, all of which lead to his leaning on videogames “heavily” for happiness."

    This guy sounds like a pathetic sack of [insert related noun here].

  21. 0
    Vordus says:

      The 3 year warranty repair thingamajig only counts if it’s an RRoD. I got hit by a two-ring error about two months ago and MS charged me for repairs.

    Doesn’t stop it from being an extremely frivolous lawsuit though. Undue stress and sadness? What a load of bollocks.

  22. 0
    Ironside138 says:

    Xbox is charging him for the repairs??? I call BS,  I got the RRoD and my box was out of warranty. They still fixed it for free AND renewed my warranty. I didn’t pay for postage, or anything, I just had to find a box.  Didn’t he get banned for violating the ToS (bannable offence), or got reported multiple time for abusive behavor(bannable offence). He has no case, no merit and no life.

                                    =Nothing is True and Everything is permitted=

  23. 0
    Andrew Eisen says:

    Yeah, saw that at Gamefaqs (see the edit in my original post).  And it only took me about 10 seconds of looking.  No lawsuit needed.

     

    Andrew Eisen

  24. 0
    Adrian Lopez says:

    You don’t even need a Galaxy save file. According to this, there’s two different ways to unlock the character in question:

    Rosalina – With a Super Mario Galaxy save, win a series of Grand Prix cups / Without Galaxy save, Attain at least 1 Star Rank for all Mirror Retro Grand Prix Cups.

  25. 0
    Andrew Eisen says:

    The same complaint targets Nintendo over a Wii system update. Estavillo claims that update 4.3 disabled his Homebrew Channel, which he used to unlock characters in Mario Kart Wii.

    Far as I know, the Wii’s only up to 4.2 (just checked, I’m right) but regardless, that happens with nearly every Wii update.  And, as always, the Homebrew Channel is up and running again shortly thereafter.

    Plaintiff states that the only way to unlock characters in Mario Kart Wii is to purchase Super Mario Galaxy, which will unlock a single character in the former title. “In essence, Nintendo is forcing customers to buy another game to unlock one character in a different game.”

    Not exactly true.  From what I understand, you just have to have a Galaxy save file.  You don’t have to buy it (rent or borrow instead).  Heck, you don’t even have to have the game itself.  Hit up a gaming message board and ask someone to send you a save file.  (Edit: According to Gamefaqs, there’s an alternate method to unlocking Rosalina anyway.)

     

    Andrew Eisen

  26. 0
    GPrime101 says:

    Just for the record… part of what Nintendo is trying to do with updates is to stop the Homebrew.  They consider it a ‘unauthorized modification,’ so they’re actively trying to make the updates incompatible with the Homebrew channel.

  27. 0
    jedidethfreak says:

    And lets not forget that, since the 4.0 release, Nintendo has been cracking down on HBC users.  This isn’t exactly news.  Also, the EULA points out that they can and will erase data created by unauthorized sources, such as HBC.

    He was dead when I got here.

  28. 0
    Beacon80 says:

    In regards to his RRoD XBox.  Microsoft has been extremely effecient at replacing broken consoles.  When my roommate’s succumbed to the RRoD, we had a new system a week later.  If they’re charging him anything to fix it, it means it’s no longer under warranty, which means it probably broke because of something that happened (My guess is he left it on for a week straight), rather than that an actual defect in the system.

    As for Nintendo.  Ignoring, for a fact, that he feels he’s suffered $5,000 of emotional damage because he can’t play as Rosalina, and the fact that Nintendo is well within their rights to release a bonus character for their more devoted followers, a quick trip to gamefaqs allowed me to confirm that Rosalina can also be unlocked by getting 1 star on each Mirror Mode course.  It’s difficult, but that’s not relevant.

  29. 0
    Austin_Lewis says:

    Sounds like someone’s filling frivolous suits.  What a douchebag.

    Oh, I’m so sad because I can’t buy an XBOX, I deserve 75000 dollars!

    Yeah, what a crock of shit.  This man is a fucking parasite.

  30. 0
    Arcanagos says:

    Seriously?  What the… I can’t even describe how ridiculous this is.  Either this guy’s completely crazy, completely retarded, likes losing lawsuits more than JT does, or all of the above.  My guess is the last one.

    "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

  31. 0
    DarkSaber says:

    Like a dog returns to his shit, so a fool returns to his folly.

    "Estavillo plans to file a lawsuit in state court as well, which he wrote will “pretty much” be identical to the federal suit."

    Would that be the same federal suit that got thrown out then?

    ————————————————–

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

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