230°

Bay Area Gamer Takes Playstation 3 Lawsuit To Appeals Court

Erik Estavillo claims Sony Computer Entertainment violated his freedom of speech by banning him from an online video game portal, which he claims he uses as a tool to overcome agoraphobia. In videos posted to YouTube, Estavillo can be heard saying racial and homophobic slurs to other online gamers, for which Sony revoked his online access to their network.
darkpower - contributor
Published: 24 days 23 hours ago | News | PlayStation 3 | Industry News
 
 

Showing: 1 - 48 of 48 Comments
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gamesR4fun - 25 days 2 hours ago
1 - God bless u Sony
Estavillo can be heard saying racial and homophobic slurs to other online gamers, for which Sony revoked his online access

Now permaban some more aholes n cheats pls.
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drdistracto707 - 24 days 23 hours ago
1.1 - This guy deserves to be banned...
he also didnt seem to read the TERMS AND CONDITIONS
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Sk8boyP - 24 days 23 hours ago
1.2 - Sometimes...
...people can be soooo dumb.
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Xbox Avatars Shoe - 24 days 22 hours ago
1.3 - Ha!
In all of his videos he talks sh!t but plays absolutely terrible! He's always talking sh!t but he's always the one dying LOL! In one of the videos where the guy is being an a-hole, he's playing KZ2 and he runs up to the enemy and yells "I'm gonna get these queers!" but instead, he immediately dies! Haha! He looks so stupid.

The first thing the court will show him is this:

http://www.us.playstation.c...

Then they'll show him the door.
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mal_tez92 - 24 days 21 hours ago
1.4 - He deserved the ban
All online services should ban offensive people, not as an act of censorship, but just for the sake of everyone else.
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morganfell - 24 days 20 hours ago
1.5 -
I hope he keeps suing Sony. That way his idiocy becomes even more well known, he expends more of his financial resources that he cannot then use to purchase another platform to trash talk.

I wonder if he may also have a Steam or Live account from which he was banned as well. Normally such morons will not rely on a single outlet for their stupidity and angst. If he loses this case I fully expect him to continue his online displays in some manner.
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Sm0k3y_Bac0n - 24 days 18 hours ago
1.6 -
Obviously doesnt realise Sony dont have to allow him to play online and can revoke his PSN privilages at any point
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Proxy - 24 days 16 hours ago
1.7 - Everyone forgets the right of non-speech, with is a form of speech.
And doesn't Sony have the right to "non-speech" when it comes to trash talk and racial slurs? Their networks, their bandwidth, their right to not speak; or rather, not let certain people speak.
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x__JL__X - 25 days 2 hours ago
2 -
He can't do sh!t about this. Sony is covered in the Terms of Agreement saying they can do these things when people do the things he did. Idiot.
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darkpower - 25 days 2 hours ago
2.1 -
So watch this idiot win this case, because the American civil court system is f*cked up anymore.

What company in their right mind WOULD allow such behavior to go unpunished?
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Captain Tuttle - 24 days 19 hours ago
2.2 -
He already lost the case. This is his appeal. He'll lose this one too.
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ftwrthtx - 25 days 1 hour ago
3 -
The guy is apparently an ignorant ass that shouldn't be allowed on any network.
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Pope_John_Paul_II - 24 days 23 hours ago
4 -
PERMBAN FTW. idiots like this is what ruin Voice Chat and the game community as a whole
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ab5olut10n - 24 days 5 hours ago
4.1 -
EEEYYYY I'MA DA POPE!
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Snoogins - 24 days 23 hours ago
5 - He's agoraphobic, because...
his ignorant, racist mouth has probably pissed off enough Bay Area inhabitants to have his ass kicked on sight. People like this make me not want to bother using my mic when I play.
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mastiffchild - 24 days 20 hours ago
5.1 -
I suffer a form of disorder similar to classic agoraphobia myself(a side product of being Bi Polar I'm afraid which makes mkixing in the real world miore difficult for me and makes my physical problems worse as well)and I don't see, for a second, why that should give me the right to be abusive over PSN, Live or online on my PC.

Yes, Agoraphobia is no laughing matter but it isn't something that gives you the right to be rude or homophobic and esp not racist online. Maybe, if the guy had Tourette's, there would be some way out of the mess he's in but not with agoraphobia. I'm sure the sovialisation he gets on PSN could really hekp him out of himself but, if that's the case why abuse people and wreck your outlet? His condition doesn't prevent him from reading the T&C nor does it mean he can't control his mouth(IDK any form of the ailment that would either)so I don't see the point of him bringing it up except for some sympathy.

Most sufferes I've met and read about aren't likely to speak like he does anyway. They're usually timid talking one to one let alone with a bigger audience like this-and I really hope he isn't chepening other people's problems by saying he's got a problem when he hasn't. Certainly I'd never act in the way he does and even if I had some odd opinions on race, gende or sexuality I wouldn't be so secure as to air them over Licve or PSN and my agoraphobic symptoms aren't really severe either.

I honeslty have my doubt that this man has any Agoraphobic issues at all-the way he acts doesn't makr him as a particcularly shy or even worried kind of person. He just sounds like a homophobic asshole and deserves his ban, imo. He should learn to read as well. Sadly, he looks like just about the only gamer on PSN these days that I might be able to beat at something so, fopr me at least, banning hioimmay have taken most of my chances of glory away! Where do I sue! I have a condition where I need my self worth boosting and this Guy's actions have deprived me my chance of victory! I demand recompense from him AND Sony! They're making me feel worse about myself.

WHAT.A.TOOL.
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Snoogins - 24 days 20 hours ago
5.2 - I absolutely agree with you, mastiffchild.
Personally, I am a rather timid person and very reluctant to put myself into any social situations, a characteristic that has become greater considering my private, sedentary lifestyle, though I am not agoraphobic. A roommate of mine from college was agoraphobic and experienced social anxiety disorder on top of that, his social experiences mostly kept to MMOs and friends around the dorm. He was quite the congenial individual and not a douche like this Erik guy in the least.

It's obvious this guy is using an excuse, especialy his run-around responses he gave Fox40 as to his "condition." He wouldn't even be able to pass as a sufferer of Touretttes. Just a typical internet tough guy compensating for...well, heh, I'm sure there's a lot he's compensating for.
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thereapersson - 24 days 22 hours ago
6 - This is why society is so f*cked up right now
People think that they can act however they want, and with extreme misconduct, and expect to get their way in life. When they get punished, they try to pull what this asshole is doing. I hope he loses the case; let it be a lesson to anyone else who thinks they are above the rules!
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Goldsack - 24 days 22 hours ago
7 - dumb dude..
...but i love the Bay, espcially the music from there.

G-G-G-Funk Baabyyy

Edit: Big up BC :-)

next week we have a big line up here in heidelberg - Shimon and Bailey.
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thereapersson - 24 days 22 hours ago
7.1 -
Bay area hardcore punk was really good back in the day, and even today there are still some good bands to be found amongst the scene. AFI, for example, was a band that was really good years ago, but has turned to the dark-side of radio-friendly rock. Most bands can only put out hardcore or punk for so long before they either a) break up, or b) change their sound completely.
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SoIid Snake - 24 days 22 hours ago
8 -
Ignorant people like him ruin gaming as a whole. Trash talking is acceptable to a certain extent, but homophobic and racial slurs should not be tolerated. Sure, there's a Mute button, but the fact of the matter is gaming should be fun. It's not fun when there are inconsiderate players acting childish just because they think it's funny and can get away with it.
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XxZxX - 24 days 22 hours ago
9 -
good, a loud mouth sh*t talker show up in real life. No longer hide behind Internet anonymity. GET HIM!!

btw thanks for advertising Sony for quality control
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DiffusionE - 24 days 22 hours ago
10 -
The Internet - "A place where people say things to you that they wouldn't have the balls to face-to-face."
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kaveti6616 - 24 days 22 hours ago
11 -
"why don't you change your name to Mickey Mouse, f@g? Because you sound like a queer."

Does that register a laugh out of anybody? I mean, sure being mean is a bad thing, but I've come across assholes who at the very least know how to tell a joke. This guy is like Michael Scott stupid.

"When asked what agoraphobia meant to him, Estavillo replied, "That's subjective." When FOX40.com asked Estavillo to clarify what he meant, he suggested we "do our research" and "see what it means objectively," then suggested he'd only answer the question if we confirmed whether or not he'd be the subject of a story on FOX40.com and somehow segued the conversation into discussing his appearance in a Wikipedia article."

Agoraphobia has an objective definition. If we could all take words and use them for own meanings, I could say that I am a district attorney, when in reality, I don't even have a job. And he's boasting about being on Wikipedia? I could be on Wikipedia in 4 minutes.

"though Estavillo did tell GamePolitics.com he's since found the Nintendo Wii and XBox 360 to be an outlet for socializing."

Oh great, another ass on the 360. Well, at least the 360 has a mute button as well.

This guy sounds like a Grade A - dumbass. I remember a PS3 fanboy that said that all PS3 owners were mature, hardworking adults. Let this be a lesson.
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XxZxX - 24 days 22 hours ago
11.1 -
Unlike Microsoft, Sony did the courtesy filter them out for us. Let this be a lesson to Microsoft.
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Halo3 MLG Pro - 24 days 22 hours ago
12 -
Like the man above said...I thought ps3 owners were mature adults???

Yeeeeeah. :/
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-DeathWraith- - 24 days 22 hours ago
12.1 -
Just like Xbox Live has the best community...

Oh wait a sec...
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darkpower - 24 days 21 hours ago
12.2 -
1. Congrats for turning this into a console war when even the person you were trying to quote didn't even do that.
2. You talk as if idiots never get into where it is touted to not normally have them, and you think we're saying that PSN is immune to them. Not sure where you go THAT idea!
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whothedog - 24 days 21 hours ago
12.3 -
LOL did you really think that!? well did you also know...

that all xbox 360 owners are really 3 babies in a trench coat.

And Wii owners are hippos(why they made Wii fit)...

Its true trust me...
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mastiffchild - 24 days 20 hours ago
12.4 -
And what of PC gamers? Or people with all the consoles?

Are they three really mature babies in a trenchcoat riding a hippo? And that enjoys the occasional game of WoW on their PC?

I don't think it's as simple as you say;)
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ShinnokDrako - 24 days 17 hours ago
12.5 -
Congratulations Halo, you started as usual a stupid console war where it wasn't needed at all. At least Sony stops those idiots.
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XxZxX - 24 days 7 hours ago
12.6 -
yeah so this is what microsoft did. Instead of taking homephobia ppl, they took out the gay ppl instead. So gay ppl to bash...

at least Sony step into the right direction.
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-DeathWraith- - 24 days 22 hours ago
13 - Behavour
He has behavour like that, going against Sony's terms and conditions. And then sues Sony for banning?!

What a bloody dumb cunt! Good on Sony I say.
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elchamber - 24 days 21 hours ago
14 - Erik is a douche.
I gamers like this guy. I've dealt with one of these guys on COD4. I mentioned that their was a sniper near a building and the douche began talking trash about it. We're on the same time. Idiots!
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Snoogins - 24 days 20 hours ago
14.1 -
Yeah, I had a similar incident tonight while playing Uncharted 2. I made a comment about a couple people on my team killing me with grenades throughout the match and started to get trolled by them. Just shrugged it off. There are lots of culturally ignorant, homophobic tough guys on the internet I wouldn't mind giving a Jay & Silent Bob Strike Back style beatdown, like this team of gangsta wannabe wiggers (I apologise if anyone finds that description offensive) making fun of some Spanish-speaking teammates of mine. After we absolutely raped their asses 50-27, the Latin guys gave them a verbal beatdown to throw salt in the wound of their damaged egos.
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Swiftfox - 24 days 21 hours ago
15 -
When you agree to the terms and conditions you sign that you are willing to play nice in Sony's playground. If you don't play nice you get the ban-hammer.

I think this person needs a wake-up call in what respect and common curtesy mean, as they clearly have neither.
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whothedog - 24 days 21 hours ago
16 -
People love easy money, easy to see here.

Pain and suffering haha

"They took my online away, all I was doing was being a little racist but so was everyone else!"
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exnihilonihilfit - 24 days 21 hours ago
17 - The supreme court wouldn't even hear this case.
It's a joke. Even if there weren't terms of agreement, you can't use rude and offensive language wantonly in a public place, especially one where there might be children who can hear. You can't just walk down the street cursing, swearing and insulting people, you'll be arrested for disorderly conduct. This kind of thing has been tried and tested through nearly a million other networking services available through the Internet. Moreover, I'm sure that 90% of the gaming community is glad that Sony bans this kind of behavior, as it ruins the experience and makes video gaming look bad. Whoever is giving this guy legal advice is an idiot.
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ballsofsteel - 24 days 19 hours ago
18 -
only in america can someone violate a terms and conditions agreement and still sue. to me it's simple when you play on PSN you have to adhere to the sony's rules that you agreed to by being on PSN. you swear and use slurs and your out it's in the print this guy is just trying to get some money or media face time
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AssassinHD - 24 days 17 hours ago
18.1 -
The reason he lost his case is the same reason he will lose the appeal, and eventually lose the Supreme Court ruling if he takes it that far. The First Amendment protects citizens from the government. Sony is not the government.
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Lucreto - 24 days 19 hours ago
19 -
If it did get to the Supreme Court all Sony would have to do is play the youtube video of all the swearing and it would be dismissed.
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Quickstrike - 24 days 18 hours ago
20 - Darwin's Theory of Evolution
has just proven itself.
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AssassinHD - 24 days 17 hours ago
21 -
His agoraphobia does not seem to prevent him from going to court.
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LorD - 24 days 16 hours ago
22 - DUMB ASS
There is NO such thing as freedom of speech on a private server/network.

Property rights FTW!!!!

If he wants all his racist and homophobe crap, get your own server.
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emk2004 - 24 days 12 hours ago
23 - LOL
i hope that racist d bag gets a black judge that would be funny. but im sure he wont because of conflict of interest.
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ab5olut10n - 24 days 5 hours ago
24 -
i wish to fight this man. yes...a battle.

edit: has anyone watched the video of him 'trash talking'? lame. and his voice makes me want to kill myself.
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ReBurn - 24 days 3 hours ago
25 -
Sony isn't the government, so they don't have to support your free speech rights. If you want to access their service you have to follow the rules.

Too bad you can only be banned once.
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The gaming GOD - 22 days 18 hours ago
26 - I usually never side with Big companies
But in this case, this idiot shouldn't get a single DIME for the nonsense he's trying to pull. He was warned NUMEROUS times about his actions, CONTINUED to violate the terms and services agreement, and NOW has the nerve to cry and moan because he is banned?

This is worse than that case where the people used Mcdonald's saying "they made me fat"
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