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?