Banhammered PSNer Gets Bangaveled By Judge

Remember that clown who sued Sony because they banned him from PlayStation Network? Some B.S. about it abridging his First Amendment rights? Yeah, a federal judged tossed that suit in a hot minute.

Earlier this year, Erik Estavillo got thumbed for being a turd while playing Resistance: Fall of Man. So he sued Sony, alleging the ban constituted theft in the form of depriving him of services for which he had paid. Estavillo also said something about being an agoraphobic, which means his fear of large crowds left him only with venues such as PSN for being able to safely interact with others. He also had the fantastic smarts to represent himself, no doubt contributing to the speedy judgment of his complaint.

Estavillo’s $US55,000 claim was thrown out by Judge Ronald M. Whyte in federal court for the Northern District of California. He ruled there was no plausible First Amendment claim in the case. Sony all along maintained that First Amendment protections have no relevance to the PSN, which is a private accommodation.

Some others have inspected the ruling and found that the judge based his decision on a rejection of some sort of legal concept called the “company town analogy.” Perhaps. I think he employed the “this lawsuit is total crap” standard, which usually has primacy. Or should.

Judge Able to Resist PSN Lawsuit [Game Politics]

Discuss

(10 Comments)
  • [–]

    DansDans

    Friday, October 2, 2009 at 11:22 AM

    Common. Sense. Prevailed.

  • [–]

    Ben!!

    Friday, October 2, 2009 at 12:48 PM

    Meh he didn’t have much chance at all there but I still support the little guy over a big corporation

    • [–]

      Inon

      Friday, October 2, 2009 at 1:17 PM

      Big corporations hire and pay the salaries of a lot of us little guys – and by doing whatever it was he was doing to get banned, he was screwing over other little guys too.

      Guy deserved what he got.

  • [–]

    brad

    Friday, October 2, 2009 at 3:39 PM

    i think a permaban is a bit rough. maybe ban him for a few weeks, maybe even a month. but, considering we pay for the service when we buy the console i’d be pretty pissed too.

    • [–]

      Daniel

      Friday, October 2, 2009 at 11:16 PM

      That’s what terms and conditions are for mate… he broke them, they ban him. Simple, really

  • [–]

    Michael Cohen

    Friday, October 2, 2009 at 3:43 PM

    If he has Agoraphobia, how’d he get to the courtroom? Idiot.

    • [–]

      WiseHacker

      Thursday, January 21, 2010 at 12:26 PM

      I think you will find there are varying degrees of that condition.

  • [–]

    Needs A New Username

    Friday, October 2, 2009 at 9:54 PM

    Well at least some judges have common sense *cough* suing Maccas because they didn’t say the coffee would be hot *cough*

    Would’ve loved to see this fool on judge judy lol

  • [–]

    El Phantasmogoro

    Monday, October 5, 2009 at 1:52 PM

    To be fair, the maccas coffee was ridiculously hot and caused permanent scarring on someone’s genitals.

  • [–]

    WiseHacker

    Thursday, January 21, 2010 at 12:27 PM

    Does anyone have any idea what this guy did/say online to get him banned in the first place?

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