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Judge Throws Out PSN Banning Lawsuit
Judge Throws Out PSN Banning Lawsuit
October 1, 2009 | By Kris Graft

October 1, 2009 | By Kris Graft
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More: Console/PC



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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Comments


Robert C.
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It's sad to me how many people simply do not understand what the First Amendment is. It does not entitle you to say whatever you want without consequences. It won't protect you from your boss firing you for saying something he doesn't like. It can't force anybody to listen to you or to give you a forum to express your opinions. And it certainly has nothing to do with being banned from a game network service.



People who cry about free speech in these situations degrade the First Amendment and real free speech issues.

Weston Wedding
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@Andre



Well, spell it out, then. What fundamental misunderstanding is Robert expressing in two sentences (not one)?

Peter Young
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LOL Andre completely misunderstood what Robert said.

Doug Poston
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"LOL Andre completely misunderstood what Robert said."

But it is his right to do that. :)



I'm surprised any lawyer would take this case (maybe they got money up front?), or maybe he was trying to work a different angle then just the First Amendment.

Joseph Garrahan
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Crazy lawyer...what was he thinking??!


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