Gamer Sues Sony Over First Amendment

After being banned from a game for "trash talking", Erik Estavillo wants $55,000 and says he needs the game to socialize

By LAURA RIPARBELLI

Updated 11:07 AM PST, Fri, Jul 24, 2009

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What happens when you take away someone’s video games? You might get sued.

A San Jose, Calif., man is suing Sony, claiming the company violated his first amendment rights when they banned him from playing the PlayStation 3 game "Resistance" for something he may have said while communicating with other players.

Erik Estavillo, who says he suffers from agoraphobia, a fear of crowds and public places, depends completely on the PlayStation game for social interaction.

But Sony occasionally bans users from the on line gaming system when they engage in inappropriate behavior. Estavillo admits that he was doing some “trash talking” while playing "Resistance," but says that virtually everyone who plays the game participates in the same language and he is unsure as to why he was singled out.

Estavillo was issued three warnings before having his account permanently locked. He says he can't remember exactly what he said to set off the Sony banners the final time, although he encourages those interested to visit his YouTube page where he discusses his ailments with Sony in detail.

“I can’t really go outside,” said Estavillo. “On the game, I met a lot of people I liked, and a lot of people that liked me. When they cut me off, I couldn’t talk to those friends anymore.” One of those friends is gamer BarbieGirl, who Estavillo says he views as a sister.

Estavillo, 29, cited a number of mental disorders in his filed complaint against Sony on July 6, which claimed the ban "has caused pain and suffering to an already disabled plaintiff."

“[Because of my health], I need all the support I can get. This game is how I communicate with people,” he said.

He is suing on four counts of unlawful behavior, one being the violation of his first amendment rights and another on counts of theft. Estavillo claims he has money in the videogame’s store, which is inaccessible to banned users.

Estavillo is demanding $55,000 in punitive damages as well as "pain and suffering damages."

Sony has yet to respond to the suit.

First Published: Jul 21, 2009 11:34 PM PST

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0 Comments

{"totSize":4,"payload_type":"json","status":"1","results":[{"anonName":null,"pathToMedia":"391809_51375327","adminTags":null,"views":11677,"createdBy":8847927,"createdByPathToPhoto":"116995/icons/defaultMember_116995_portrait.jpg?t=1248875781749","assocMediaId":null,"mediaName":"Gamer Sues Sony over First Amendment","parentThreadId":null,"mediaId":916161,"tags":null,"anonSiteUrl":null,"assocMediaType":null,"createdAt":"22 Jul 2009 16:04:38 GMT","anonEmail":null,"isVisible":true,"approved":true,"numComments":4,"reviewed":true,"createdByUsername":"fb_19600338","pathToPreview":"","mediaType":"EXTERNALMEDIA","commentId":"453809","subject":"","averageRating":0,"body":"I think its sad that he has to play video games to interact with people because of his condition. Sure, he should curb his trash talk, but Sony has to have a heart too. Fine him, or hit him where it hurts...take away his lives!"},{"anonName":null,"pathToMedia":"391809_51375327","adminTags":null,"views":11677,"createdBy":7918844,"createdByPathToPhoto":"116995/icons/defaultMember_116995_portrait.jpg","assocMediaId":null,"mediaName":"Gamer Sues Sony over First Amendment","parentThreadId":null,"mediaId":916161,"tags":null,"anonSiteUrl":null,"assocMediaType":null,"createdAt":"1 Aug 2009 05:03:07 GMT","anonEmail":null,"isVisible":true,"approved":true,"numComments":4,"reviewed":true,"createdByUsername":"anonymous_user","pathToPreview":"","mediaType":"EXTERNALMEDIA","commentId":"514246","subject":"","averageRating":0,"body":"just wants money, imo"},{"anonName":null,"pathToMedia":"391809_51375327","adminTags":null,"views":11677,"createdBy":10347964,"createdByPathToPhoto":"116995/icons/defaultMember_116995_portrait.jpg","assocMediaId":null,"mediaName":"Gamer Sues Sony over First Amendment","parentThreadId":null,"mediaId":916161,"tags":null,"anonSiteUrl":null,"assocMediaType":null,"createdAt":"19 Aug 2009 22:58:56 GMT","anonEmail":null,"isVisible":true,"approved":true,"numComments":4,"reviewed":true,"createdByUsername":"AnthonyTorres","pathToPreview":"","mediaType":"EXTERNALMEDIA","commentId":"642313","subject":"","averageRating":0,"body":"He's not going to win. Sony has ALL the right to ban him as they wish. Matter of fact, They can ban him for no reason besides they \"want to\". All I can say is Good luck. lol."},{"anonName":null,"pathToMedia":"391809_51375327","adminTags":null,"views":11677,"createdBy":18288277,"createdByPathToPhoto":"116995/icons/defaultMember_116995_portrait.jpg","assocMediaId":null,"mediaName":"Gamer Sues Sony over First Amendment","parentThreadId":null,"mediaId":916161,"tags":null,"anonSiteUrl":null,"assocMediaType":null,"createdAt":"21 Nov 2009 00:05:19 GMT","anonEmail":null,"isVisible":true,"approved":true,"numComments":4,"reviewed":true,"createdByUsername":"OoGamerOo","pathToPreview":"","mediaType":"EXTERNALMEDIA","commentId":"1286102","subject":"","averageRating":0,"body":"while i can sympathize with his condition.. Everytime you log in and play resistance online, You have to accept Sonys TOS {terms of service agreement} You clicked I accept to play and agree to abide by their rules. They are not singling him out, Sony only bans if enough ppl report him. He must have been reported several times to have gotten warnings already. He should read it. They can do whatever they want, its their network and you play for free. PATHETIC!!!! Learn to follow the rules. Ill be on my way to his youtube page to spread some good cheer also."}],"error":"","totPages":1}