In Lawsuit, Banned Resistance Player Alleges that Sony Violated Free Speech and Stole His Money

A PlayStation 3 gamer has filed suit in U.S. District Court in California, alleging that SCEA suppressed his free speech rights and caused him pain and suffering by banning his account on the PlayStation Network.

In a complaint filed on July 6th, Erik Estavillo of San Jose writes that he his disabled by a variety of disorders; among these are agoraphobia, a fear of crowds:

The pain and suffering was caused by the defendant, Sony, banning the plaintiff's account on the PlayStation 3 Network, in which the plaintiff relies on to socialize with other people, since it's the only way the plaintiff can truly socialize since he also suffers from Agoraphobia...

Estavillo's issues with SCEA apparently stem from his play of the PS3 hit Resistance: Fall of Man:

The ban is supposedly due to the behavior of the plaintiff when he plays the video game "Resistance: Fall of Man," which Sony owns and employs moderators for its online play. These moderators kick and ban players that they feel are deserving; though their biases to a player seem to be what determines the kick or ban...

 

The plaintiff was exercising his First Amendment Rights to Freedom of Speech in the game's public forum when he was banned from, not only [Resistance], but also banned from playing all other games online via the PlayStation Network...

Estavillo also claims that the PSN ban amounts to a theft of his pre-paid points:

The plaintiff...cannot access [his] money when a moderator from Resistance and Sony gives a player a arbitrary wide-range ban... which in essence, is stealing money from the player...

Estavillo also argues that the EULA for online play of Resistance is ineffective in blocking players under the game's recommended age of 17, although it's unclear how this fits into his claim.

In his request to the court, Estavillo, who appears to be unrepresented, asks that SCEA be enjoined from banning players. He also seeks $55,000 in punitive damages.

To date, SCEA has not filed a response with the Court. GamePolitics has requested comment on the lawsuit from SCEA.

DOCUMENT DUMP: Grab a copy of Estavillo vs. SCEA here...

I don't know the how story so I can't say anything.
I wonder what he said..

They should just temporary ban him or something, let him have his money back.
$55,000? insane

if i was the judge i would laugh at him and then dismiss the case

LOL 55,000$? I feel sad for him but it looks like he intended to get ban or something.

How can you sue something that is given to you for free?

I don't know the specifics, but corporations can infringe your rights -- and usually you agree to it by your use of a product or service.

If the government took away his free speech rights, this case might have legs. As right now, it does not appear to have a tail.

Mike from Morgantown

Id tell him to play WoW if i were the judge. and by exercising his freedom of speech means he was probablly using racial slurs and stuff.

55k?

Boy's crazy.

Free speech rights? alot of people use this excuse stating its okay even when they talk about something racist, swearing at others etc..

Im sure this is just another way to scam some $ from Sony since America is Land of the Lawsuits. If this person win or lose the case, he can just make another account couldnt he and he's back to doing exactly what he was doing before minus the 'social' friends list lol

no, the judge should laugh at him, charge him the court fees, and then tell him to pay his lawyer and next time don't let the lawyer take advantage him like that