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Sony sued for banning player

by on22 July 2009

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Comments were free speech


A bloke
is so miffed that Sony banned him from its online game Resistance: Fall of Man game for making 'comments' that he has sued the company.

Erik Estavillo was banned from access to the game for making comments during the game. He thinks that this is a violation of his First Amendment right. Estavillo filed the suit himself, and doesn’t appear to have legal representation. He said that the banning, combined with his various medical conditions, has caused him $55,000 worth of pain and suffering.

According to the brief, Estavillo suffers from Obsessive-Compulsive Disorder, Panic Disorder, depression, Crohn’s Disease and, most importantly, agoraphobia. The PSN is the “only way the plaintiff can truly socialise with other people.” He is also accusing Sony of stealing money from users by blocking access to PSN cash acquired via PSN Redeem Cards once users have been banned from the service.

He might be on a sticky wicket with this one as Sony’s PSN user agreement clearly states, “Upon termination for any reason, you will not receive a refund for items, value accumulated on in-game items or any unused balance in your wallet except as expressly provided in this Agreement and to the extent permitted by applicable law.” Sony also seems to have the right to chuck anyone out of its network, according to the agreement.

However Estavillo also alleges that because gamers under 17 years of age are able to play the game online, despite the game’s Mature rating, the entire PSN user agreement system should be deemed nonbinding. Did we mention that he was representing himself?
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