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PS3 Owner Sues Sony

PS3 Owner Sues Sony

Erik Estavillo suffers Agoraphobia, Panic disorder, depression, Crohn's disease and obsessive compulsion. As a result Erik displayed offensive behaviour while gaming on the Playstation network. The PSN administrators banned Erik for his abusive actions; however, they were unaware of his illness.

When playing Resistance Fall of Man he used excessive aggression and course language. Erik claims that the ban is breaching his first amendment rights and has caused him pain and suffering. According to Erik the PS3 is the only way he can truly socialise since he also suffers from Agoraphobia.

He is suing for Sony for USD $55,000. On a side note he also claims that Sony are stealing money from blocked PSN accounts, which is why they are so strict.

Does he have a case?

[Updated - Editor]

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Source: http://www.psu.com/PS3-owner-sues-Sony-after-being-banned-from-PSN--a007794-p0.php

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MKL23 3 days
Kudos: 1261  Mates: 179

Comments

KBExP
Kudos: 4,170
Mates: 25
KBExP  
pfft $55,000...i shouldnt get anything, if he has this so called illness, then he shouldnt play....
Modern Warfare 2
3 days / Sydney, the dump called c'town- This is my hat now! Totally my Hat!!
Shadowblade
Kudos: 10,155
Mates: 204
Shadowblade  
Well it is in Terms and Conditions when you register on PSN that they will not accept bad behavior and sweraring... so I don't think he's gonna get a penny...

Honestly, he's own fault... if he's got this condition, maybe playing without a headset would be suggested?
Valkyria Chronicles
3 days / Melbourne, Victoria
MKL23
Kudos: 1,261
Mates: 179
MKL23  

Shadowblade said: Well it is in Terms and Conditions when you register on PSN that they will not accept bad behavior and sweraring... so I don't think he's gonna get a penny...
Honestly, he's own fault... if he's got this condition, maybe playing without a headset would be suggested?



True but did they just ban him because they were stealing is PSN money
3 days / Perf !!!
ozchap
Kudos: 9,435
Mates: 121
ozchap  
a new low for the land of superfluous lawsuits


p.s. - "PSN accountants"?......seriously?
Call of Duty 4: Modern Warfare
3 days / "if a man steals your wife, there is no better revenge than to let him keep her"
MKL23
Kudos: 1,261
Mates: 179
MKL23  

ozchap said: a new low for the land of superfluous lawsuits
p.s. - "PSN accountants"?......seriously?




ahah sorry, im not thinking well today
3 days / Perf !!!
AK-47_Man
Kudos: 3,347
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AK-47_Man  
give his money back from PSN but he deserves getting banned because he agreed the terms and conditions.
Operation Flashpoint 2: Dragon Rising
3 days / NSW, Sydney
ozchap
Kudos: 9,435
Mates: 121
ozchap  
lol s'all good we all do it

just found that one really strange....
Call of Duty 4: Modern Warfare
3 days / "if a man steals your wife, there is no better revenge than to let him keep her"
QU1K51LV3R
Kudos: 3,205
Mates: 42
QU1K51LV3R  
He should just go on Xbox LIVE, they'll love him
Uncharted 2: Among Thieves
3 days / The Green Cauldron, NSW PSN ID: Alchemystic
MKL23
Kudos: 1,261
Mates: 179
MKL23  
if you like the news please vote it
3 days / Perf !!!
QU1K51LV3R
Kudos: 3,205
Mates: 42
QU1K51LV3R  

MKL23 said: if you like the news please vote it



Ok you get my vote cos it's controversial news
Uncharted 2: Among Thieves
3 days / The Green Cauldron, NSW PSN ID: Alchemystic
DingooA320
Kudos: 5,014
Mates: 245
DingooA320  
Everyone seems "lawsuit" happy, so meh.
Call of Duty 4: Modern Warfare
3 days / https://www.myps3.com.au/Profile.aspx?id=12693 -- https://www.myps3.com.au/Profile.aspx?id=15510 -- https://www.myps3.com.au/pwnage/user_12693_FPBGLM7T.jpg
RSOP
Kudos: 5,412
Mates: 77
RSOP  
SONy has alot of backups and they would have thought of this, thats why when that Doctor told that girl she had PS3 Hand or somthing from playing to much ps3 lol it says in the disclaimer... and worst case if he does win 55 would be nothing
Burnout Paradise
2 days / Melbourne
crazynites
Kudos: 12,620
Mates: 109
crazynites  
Just a crazy American trying to get something for free by suing SONY


So how will he give evidence ? Video link ? You think the judge is gonna stand by while he swears & carrys on like a fool while giving evidence.

Sounds like he also suffers from Paranoia & a overactive imagination.
Rock Band 2
2 days / Melbourne, Victoria
AK-47_Man
Kudos: 3,347
Mates: 20
AK-47_Man  

QU1K51LV3R said: He should just go on Xbox LIVE, they'll love him


LoL thats soooo true
Operation Flashpoint 2: Dragon Rising
2 days / NSW, Sydney
MKL23
Kudos: 1,261
Mates: 179
MKL23  

DingooA320 said: Everyone seems "lawsuit" happy, so meh.




"lawSUIT UP"

2 days / Perf !!!
LARASMYBIS
Kudos: 3,266
Mates: 29
LARASMYBIS  
All I have to say is...

LOL
Assassin's Creed 2
2 days / lara crofts cleavage... well its big enough.. | I love you Ozzie.. R.I.P.. best little birdie ever :'(
Mudguts
Kudos: 1,293
Mates: 14
Mudguts  
no what a knob
Resident Evil 5
2 days / Brisbane, Queensland
day_lightc
Kudos: 907
Mates: 21
day_lightc  
yes cause thats why i abuse everyone......
Warhawk
2 days / Queensland, Bundaberg,
GTADude
Kudos: 14,611
Mates: 1090
GTADude  
Regardless of his illness, by using a Sony product your agreeing to abide by the terms and conditions of the product

Resident Evil 5
2 days / Melbourne, Victoria...... Unfortunately......
IAMColonel
Kudos: 1,673
Mates: 51
IAMColonel  
Agoraphobia is essentially a Panic disorder, is it not? The only relation to his PS3 use is its affect on his social skills. but it definitely would not make him aggressive or insulting.

Depression, I think everyone knows what this is these days. If anything, it'd make him stress out and be quiet.

Crohn's disease is like an instestine disease. Probably painful, but nothing to do with his reason for being banned.

And obsessive compulsion, so he must have a clean controller.

I'm not seeing a case. It'd be great to have a list of diseases to suckle sympathy out of.
FIFA 09
2 days / Melbourne
chuz
Kudos: 2,911
Mates: 0
chuz  

MKL23 said: if you like the news please vote it


No...?
(removed) Pirates of the Caribbean at Worlds End
2 days / Pago Pago, ASA
jetzx
Kudos: 115
Mates: 0
jetzx  
he can only socialise on the ps3 because in real life someone will knock his teeth out
2 days / melbourne, victoria
Kerrby
Kudos: 7,676
Mates: 55
Kerrby  

jetzx said: he can only socialise on the ps3 because in real life someone will knock his teeth out


.......what?
Killzone 2
2 days / Alex_TXD: Im not going to get involved in arguments: Its not worth it as i always WIN. PSN: Stud_Kick_Ass
RTC
Kudos: 93
Mates: 0
RTC  

IAMColonel said: Agoraphobia is essentially a Panic disorder, is it not? The only relation to his PS3 use is its affect on his social skills. but it definitely would not make him aggressive or insulting.
Depression, I think everyone knows what this is these days. If anything, it'd make him stress out and be quiet.
Crohn's disease is like an instestine disease. Probably painful, but nothing to do with his reason for being banned.
And obsessive compulsion, so he must have a clean controller.
I'm not seeing a case. It'd be great to have a list of diseases to suckle sympathy out of.



pretty much what i was thinking
2 days / hobart, tasmania
xXfanboiXx
Kudos: 214
Mates: 6
xXfanboiXx  
How did Sony know about his aggressive behaviour?

thru messages that someone report?

or they listen live to the conversation?

watever the case he breached the term and condition, hammer down failed!
Call Of Duty: World at War
2 days / Perth
nickkcin
Kudos: 5,854
Mates: 127
nickkcin  
there is only three letters for this: WTF?
Borderlands
2 days / Cleveland=LeBron James
parso71
Kudos: 1,284
Mates: 16
parso71  

xXfanboiXx said: How did Sony know about his aggressive behaviour?
thru messages that someone report?
or they listen live to the conversation?
watever the case he breached the term and condition, hammer down failed!


100% agree. Just what I was gonna write exactly what you said.
If it is true and he has this real condition, poor bloke but other than that it is just a useless excuse for a cash grab.
MyPS3 Miscellaneous
2 days /
MKL23
Kudos: 1,261
Mates: 179
MKL23  
I just think he is being a baby about it, he got banned and now he realises he cant handle the repercussions
2 days / Perf !!!
psych-101
Kudos: 515
Mates: 9
psych-101  

IAMColonel said: Agoraphobia is essentially a Panic disorder, is it not? The only relation to his PS3 use is its affect on his social skills. but it definitely would not make him aggressive or insulting.
Depression, I think everyone knows what this is these days. If anything, it'd make him stress out and be quiet.
Crohn's disease is like an instestine disease. Probably painful, but nothing to do with his reason for being banned.
And obsessive compulsion, so he must have a clean controller.
I'm not seeing a case. It'd be great to have a list of diseases to suckle sympathy out of.



Acrophobia is fear of crowds big or small, a person with this disorder gets very agitated in social situations and generally ends up someone getting punched in the face lol.. i know this because a mate i used to know had this lol.
2 days / s.a.
xXfanboiXx
Kudos: 214
Mates: 6
xXfanboiXx  
It seems quite suss as well, a person suffering, Panic disorder, depression, Crohn's disease and obsessive compulsion will exactly have the mentality to pursuit a lawsuit not to mention he/she will have to appeal in court.

From my experience I have dealt with a past customer suffering the same conditions mentioned above, internet connection was their only mean of comunication. When spoken on the phone they were very nervous, panic etc..how can someone with this state of mind pursuit a lawsuit unless its purely setup to gain $$$.

The best solution I could see is Sony unbanned the person given the requirement that he/she will respect the terms and conditions.
Call Of Duty: World at War
1 day / Perth
firzen
Kudos: 2,907
Mates: 26
firzen  
meh. i think since he knew how aggressive he can be, he should not have used a headset. they should allow him back on as a warning but only allow him to use the headset for official tournaments and video chats.
Burnout Paradise
1 day / [My PSN is Ungol-firzen-]----{Sarasota, Florida}
gshibug
Kudos: 11
Mates: 0
gshibug  
I'll just use another id if i was him
1 day / New Jersey, US
Jimbo_1993
Kudos: 7,670
Mates: 131
Jimbo_1993  
dont rekin he'll get any money from sony but id laugh if he got sued from sony for this..lol
Guitar Hero Metallica
1 day / Melbourne
Superman
Kudos: 500
Mates: 45
Superman  

Jimbo_1993 said: dont rekin he'll get any money from sony but id laugh if he got sued from sony for this..lol



I agree. This guy is a doosh. I also hope Sony sue him for wasting their time.
inFamous
1 day / Melbourne, Victoria
Hydroponic
Kudos: 295
Mates: 10
Hydroponic  

QU1K51LV3R said:


MKL23 said: if you like the news please vote it


Ok you get my vote cos it's controversial news


Yeah, I'm with Qu1k, go the controversey. You've got my vote! He's agreed to Sony's mandatory terms and conditions for online gaming and use of their resources in order to play - so he can abide by the ban. I wonder what prior information he forwarded Sony to notify and prewarn them of his numerous psych disorders before playing online? I doubt Sony'll have too much trouble defending this case...
1 day / Sunshine Coast, Qld
Hydroponic
Kudos: 295
Mates: 10
Hydroponic  

IAMColonel said: Agoraphobia is essentially a Panic disorder, is it not? The only relation to his PS3 use is its affect on his social skills. but it definitely would not make him aggressive or insulting.
Depression, I think everyone knows what this is these days. If anything, it'd make him stress out and be quiet.
Crohn's disease is like an instestine disease. Probably painful, but nothing to do with his reason for being banned.
And obsessive compulsion, so he must have a clean controller.
I'm not seeing a case. It'd be great to have a list of diseases to suckle sympathy out of.


YOUR HONOUR, THAT CONCLUDES OUR CASE. THE DEFENCE RESTS!
1 day / Sunshine Coast, Qld
K-Man
Kudos: 20,960
Mates: 183
K-Man  

gshibug said: I'll just use another id if i was him

They can just check his IP. Every PS3 has an IP address so creating another account is futile.
Warhawk
1 day / ↑ Game I am currently playing. [California, U.S | MyPS3, MyWii, MyDS]
Airwolf
Kudos: 805
Mates: 96
Airwolf  
Only in America i Guess, they would sue someone for blocking their nose when they fart and call it discrimination.
1 day /
MKL23
Kudos: 1,261
Mates: 179
MKL23  

Airwolf said: Only in America i Guess, they would sue someone for blocking their nose when they fart and call it discrimination.





Interesting choice of words...

You got a point though
1 day / Perf !!!
 
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