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.

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gamesR4fun3283d ago (Edited 3283d ago )

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.

drdistracto7073283d ago

he also didnt seem to read the TERMS AND CONDITIONS

Sk8boyP3283d ago

...people can be soooo dumb.

Xbox Avatars Shoe3283d ago (Edited 3283d ago )

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:

Then they'll show him the door.

mal_tez923283d ago

All online services should ban offensive people, not as an act of censorship, but just for the sake of everyone else.

morganfell3283d ago

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.

Sm0k3y_Bac0n3283d ago

Obviously doesnt realise Sony dont have to allow him to play online and can revoke his PSN privilages at any point

Proxy3282d ago

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.

+ Show (4) more repliesLast reply 3282d ago
JL3283d ago

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.

JD_Shadow3283d ago

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?

Captain Tuttle3283d ago

He already lost the case. This is his appeal. He'll lose this one too.

ftwrthtx3283d ago

The guy is apparently an ignorant ass that shouldn't be allowed on any network.

saint_john_paul_ii3283d ago

PERMBAN FTW. idiots like this is what ruin Voice Chat and the game community as a whole

Snoogins3283d ago

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.

mastiffchild3283d ago

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.


Snoogins3283d ago

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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