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Author Topic: You can still, legally, be banned for being a mouthbreathing asshat  (Read 2169 times)

Raktus

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http://www.gamasutra.com/php-bin/news_index.php?story=25495

Judge Throws Out PSN Banning Lawsuit
by Kris Graft

A California judge last week ruled that Sony Computer Entertainment America did not violate a gamer's First Amendment rights by banning him from the PlayStation Network.

Erik Estavillo filed suit against SCEA this year after he was banned from the online gaming service and Sony's forums for allegedly violating multiple parts of the user agreement for PSN. Estavillo claimed that by kicking him off the service, Sony infringed on his First Amendment rights, and the plaintiff asked for $55,000 in relief.

SCEA moved to dismiss the case, claiming that the First Amendment "does not apply to the Network," and the judge agreed, throwing the suit out last week.

"There is no indication that Sony has assumed functions traditionally reserved to the government, or that the government had any part in encouraging Sony to create the Network," wrote Judge Ronald Whyte in his order, made available by a law professor's blog.

"Count one of the complaint does not state a plausible First Amendment claim for relief, and therefore must be dismissed," Judge Whyte added. He said that Estavillo's claims failed to "contain sufficient factual matter to state a plausible federal claim to relief."
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Vaulisel

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Re: You can still, legally, be banned for being a mouthbreathing asshat
« Reply #1 on: July 03, 2010, 12:44:40 PM »

I don't really know anything about the US Constitution, but how can anyone conclude that getting thrown out of an online community for being a jerk on the internet violates it? If it did, it'd be lawsuits left, right and centre. But this guy and his lawyer somehow thought they had a shot. It almost sounds like one of those "sue the appliance company for not telling me I shouldn't dry my cat in the microwave" stories.
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Red Dog Dragon

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Re: You can still, legally, be banned for being a mouthbreathing asshat
« Reply #2 on: July 03, 2010, 01:01:26 PM »

I don't really know anything about the US Constitution, but how can anyone conclude that getting thrown out of an online community for being a jerk on the internet violates it?
1)  The First Amendment protects people from the Government telling them they can't say something.

2)  A lot of people think that it also implies to private companies, which it doesn't.

3)  We also live in a sue-happy society that breeds people who will sue someone with a lot of money for virtually anything expecting the case to be settled out of court because it would be cheaper to just hand over a few thousand dollars then hire a bunch of lawyers to fight in court.
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Vandal

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Re: You can still, legally, be banned for being a mouthbreathing asshat
« Reply #3 on: July 03, 2010, 06:29:20 PM »

Living in California, you would be amazed at the stuff judges deal with on a daily basis here. Its sad.
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Red Dog Dragon

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Re: You can still, legally, be banned for being a mouthbreathing asshat
« Reply #4 on: July 03, 2010, 09:32:23 PM »

California
There's your problem right there.  :P
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Vaulisel

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Re: You can still, legally, be banned for being a mouthbreathing asshat
« Reply #5 on: July 04, 2010, 01:23:37 AM »

I suppose the lawyers will be the ones laughing all the way to the bank in the end.
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Bazeleel

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Re: You can still, legally, be banned for being a mouthbreathing asshat
« Reply #6 on: July 06, 2010, 08:04:04 AM »

*facepalm*

Well at least we still have judges with some understanding of who is a moron and who isn't:)
wasn't this guy the same guy emp and highlander talked about a loooong time ago?

Epiclurker

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Re: You can still, legally, be banned for being a mouthbreathing asshat
« Reply #7 on: July 06, 2010, 08:48:49 AM »

That is the same guy. I didn't bother keeping up with the story. How did his lawsuit against Nintendo go? They bricked his Wii because he had it modded. Never fear, Lawsuit Man is here! I believe he also sued Blizzard over WOW.
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