Culture

Resistance Fan Appeals His Ban Lawsuit Getting Tossed

Meet Erik Estavillo. He likes playing Resistance: Fall of Man so much that he’s willing to sue Sony Computer Entertainment three times over (once on appeal) for having his account banned.

Estavillo first filed suit against SCEA in July, alleging the company’s total ban of Estavillo from the PlayStation Network constituted theft and caused him pain and suffering. He wanted $US55,000 in punitive damages and an injunction against all further banning. In September, a judge told Estavillo—who was representing himsel— to pretty much take a hike and tossed out his case.

Now, GamePolitics reports that Estavillo is at it again — this time with an appeal of his tossed lawsuit and a civil suit against SCEA to the tune of $US180,000. And he’s still representing himself.

GamePolitics further reports:

Estavillo tells GP he is representing himself in these cases and, in light of his PSN ban, is playing the Wii (Metroid Trilogy) and Xbox 360 (Mortal Kombat vs. DC Universe). Estavillo said that he loves playing as The Joker in the latter title and may be “a bit obsessed” with the character, adding, “I plan to wear a purple suit during my court trials. No joke!”

Banned Resistance Gamer Appeals Verdict [GamePolitics]

Comments (AU Comments | US Comments)

  • Paul

    Oh Lord…
    He certainly has a case, but in representing himself and threatening to dress as The Joker, there is just no way anyone will ever take him seriously.

    You’d think that since he’s to blow so much money on court costs, he’d have enough to hire a lawyer.

  • Needs A New Username

    from 55k to 180k? Inflation must be bad in america xD

  • Thomas

    You have no idea how glad I am we have the vexatious litigant rule here. This sort of thing is a total waste of time for courts. Imagine a 12 year suing Bungie for being banned from playing Halo 3…it is utterly ridiculous.

  • Estavillo needs to tell GP about how he’s looking for a job and not being a retard.

  • This guy beats John Edward in the biggest douche in the universe.

  • chuloopa

    …is there anything Americans won’t sue for?

    Seriously this guy is a joke…

  • plmko

    The reason why he is being tossed out is because he wants compensation for “pain and suffering”. The law does not discern these type of things, except under special consideration where the “pain and suffering” can be valued.

  • Hips

    wasn’t he banned for constant abuse of other players, yelling swearing and generally being a dick? Sony should counter-sue him for ruining the online experience for other players.

  • Pretty much I did three semesters of legal studies in high school, lol, even I can tell you happily this guy is spastic… “pain and suffering” is the most vague thing to say… it’s impossible to prove, and it’s not a clear cut loss. And also, he signed up and agreed to their rules, their rules were not unreasonable, he got *himself* banned…

  • *cough* alright then. I guess it’s a good thing Insomniac choose not to have any online in Ratchet And Clank: A Crack in Time. Still it’s touching he cares enough about the Resistance series to experience “pain and suffering”.

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