Ex-PSNer Sues Sony Over Ban

Resistance Player Alleges Free Speech Violation, Theft

Talk about your forum drama.

A lawsuit from a California gamer alleges his First Amendment rights were violated when he was banned from all use of Sony’s Playstation Network by the company.   That’s according to GamePolitics, who obtained a copy of the filing.

The complaint, filed in the U.S. District Court of California, claims that Erik Estavillo, who suffers from agoraphobia, was unfairly targeted by a moderator of Resistance: Fall of Man, in part due to that fear of crowds and other alleged disabilities.  The complaint alleges, in no certain terms, that Estavillo relies on the service to socialize, and that he exercised his right to Freedom of Speech in the service, only to be blocked not just from playing the game online, but the entire PSN.

The lawsuit alleges that the game and perhaps the PSN itself is a public forum, where such rights would be protected.  It further alleges that the total ban on PSN disallows him the use of previously purchased Playstation points–tantamount to a theft.

Ironically, the suit seeks a total ban on Sony restricting anyone’s access to the network, as well as $55,000 in punitive damages.

Estavillo’s claim may not rest so much on whether the ban took place in a public forum, but it could rest on whether the action was “arbitrary and capricious”–whether the action was, in essence, made unreasonably.  Complicating the matter are the alleged disorders and disabilities Estavillo claims to have.

As of this publication, Sony has not filed a response to the lawsuit.