Ok, I think I found it. If this is the incident, and if this is Erik and for real, I can see why he got banned. He's not agoraphobic, he's freaking crazy. Ok, I watched it all the way through and it appears Erik was kicked out of Resistance twice by a mod. Erik then threw a tantrum and purposely antagonized the other gamers and mods as he filmed it on YouTube so he would be kicked again. What a douchebag asshole
I saw the phone call video and the being banned by a moderator. He seriously got some nerves. So we have the transcript of how he got banned and stuff, but what does this relate to the forums? There are only two videos that show what's going on.
Ok, I think I found it. If this is the incident, and if this is Erik and for real, I can see why he got banned. He's not agoraphobic, he's freaking crazy. Ok, I watched it all the way through and it appears Erik was kicked out of Resistance twice by a mod. Erik then threw a tantrum and purposely antagonized the other gamers and mods as he filmed it on YouTube so he would be kicked again. What a douchebag asshole
Oh my god...Good find! This guy is way off the wall..No wonder he got Ban Hammer..LOL This guy just blew his case....
I hope they allow cameras in the courtroom. i want to see this prick's face when he tells the judge "I have freedom of speech, you faggot!!".
Ok, I think I found it. If this is the incident, and if this is Erik and for real, I can see why he got banned. He's not agoraphobic, he's freaking crazy. Ok, I watched it all the way through and it appears Erik was kicked out of Resistance twice by a mod. Erik then threw a tantrum and purposely antagonized the other gamers and mods as he filmed it on YouTube so he would be kicked again. What a douchebag asshole
Oh my god...Good find! This guy is way off the wall..No wonder he got Ban Hammer..LOL This guy just blew his case....
A real laugh is that he demands a jury trial in the filing.
Yeah......so he bashes gays about evey 15 seconds in that video, and in CA, how many of those potential jurors would likely be gay?
Ok, I think I found it. If this is the incident, and if this is Erik and for real, I can see why he got banned. He's not agoraphobic, he's freaking crazy. Ok, I watched it all the way through and it appears Erik was kicked out of Resistance twice by a mod. Erik then threw a tantrum and purposely antagonized the other gamers and mods as he filmed it on YouTube so he would be kicked again. What a douchebag asshole
Oh yes, let a jury in court see this......
Ok, well it might not be the right incident. Another of this guy's videos shows a conversation between him and Sony. He gives his name as Michael Davidson and a different phone number that's listed on the filing.
Ok, I think I found it. If this is the incident, and if this is Erik and for real, I can see why he got banned. He's not agoraphobic, he's freaking crazy. Ok, I watched it all the way through and it appears Erik was kicked out of Resistance twice by a mod. Erik then threw a tantrum and purposely antagonized the other gamers and mods as he filmed it on YouTube so he would be kicked again. What a douchebag asshole
I saw the phone call video and the being banned by a moderator. He seriously got some nerves. So we have the transcript of how he got banned and stuff, but what does this relate to the forums? There are only two videos that show what's going on.
Yes, but if those two videos are of Erik himself, well, lets just say that he now has zero chance whatsoever of winnning. He might've had a very slight chance of winning since he would bring up the aspect of chargeback and moderation possibly going wrong, but the video I just saw proves otherwise. I can't even think the jury would feel sorry for the guy's mental conditions, he'll just look like a gamer gone way too far into the deep end.
Edit Part: This is assuming of course that those two videos were of Erik himself.
Ok, I think I found it. If this is the incident, and if this is Erik and for real, I can see why he got banned. He's not agoraphobic, he's freaking crazy. Ok, I watched it all the way through and it appears Erik was kicked out of Resistance twice by a mod. Erik then threw a tantrum and purposely antagonized the other gamers and mods as he filmed it on YouTube so he would be kicked again. What a douchebag asshole
Oh my god...Good find! This guy is way off the wall..No wonder he got Ban Hammer..LOL This guy just blew his case....
I hope they allow cameras in the courtroom. i want to see this prick's face when he tells the judge "I have freedom of speech, you faggot!!".
I like front row seat..The Judge will probably throw the book at him for slander and recording phone conversation with out the person knowing until the last minute..My god this person show no respect to any of the players..Then has the gall to give out his number..What a waco...
Some people rob you at gun point..Others will rob you at "Ball Point Pen"
Ok, I think I found it. If this is the incident, and if this is Erik and for real, I can see why he got banned. He's not agoraphobic, he's freaking crazy. Ok, I watched it all the way through and it appears Erik was kicked out of Resistance twice by a mod. Erik then threw a tantrum and purposely antagonized the other gamers and mods as he filmed it on YouTube so he would be kicked again. What a douchebag asshole
Oh my god...Good find! This guy is way off the wall..No wonder he got Ban Hammer..LOL This guy just blew his case....
I hope they allow cameras in the courtroom. i want to see this prick's face when he tells the judge "I have freedom of speech, you faggot!!".
I like front row seat..The Judge will probably throw the book at him for slander and recording phone conversation with out the person knowing until the last minute..My god this person show no respect to any of the players..Then has the gall to give out his number..What a waco...
I surprised that those videos and the link to the filing document with his phone number haven't found their way to the various gay/bi/transgender forums, where the results would be nasty for Erik.
He's lost it all with those videos as proof. I was wondering for someone to download those videos he put from Youtube just in case the court asks for the videos and he hides them, then goes and takes them off from Youtube. I definitely want him to lose.
Sony should counter-sue him and make him and his family starve, that'll teach him for being such an rtard. Also whoever thought of free speach should be sued, it's the dumbest idea ever.
Exactly! As everyone (mostly) has been saying, free speech doesn't work on Private Property.
Hope you dont go to a Private car company to get your Car..I would love to be there once your car has all the problems in the world..So much for free speech huh? However if its a Private Business and cash exchange hands..Thats another story...
Their once was a story about Capitalism and free market. Everything was going good until the bra-burning hippie democrats that cry about their rights being violated took down the big corporations. Now we have to go to the bread line to get are food under are great Communist Obama society. Morale of the story: private companies can do whatever they want, if you like their ethics and products you'll buy from them, if you don't then you won't buy from them. You don't have any rights with a private company and that's the way it should be. Don't go burning your bra and crying about free speech, just don't buy from Sony any more.
The Wiki link was just to refute Goldknyht's assertion that EULAs are 100% binding.
It is exactly that crap that prevents people standing up for their rights.
As I said, I don't think he will win entirely. But if he can even get his money back for the unused credit that will be an important victory.
Why?
Because it will force game companies to actually consider carefully these 'bans' that they hand out.
Refunding money costs money.
So, you can bet that Moderators and GMs will be told to have a bloody good reason to hand out a ban (with proof!) before they do so.
That helps us all.
I have no problem with appropriate bans. But banning a customer from the use of all your products based on an agreement contained in one of them is pretty dodgy.
And banning a customer from the use of a product based on something that happened in a complimentary service (like a forum) is very dodgy.
Then refusing to refund the customer for his unused credit...???
There are a lot of issues and implications here too. Online registration of games is becoming popular as an example.
Imagine if a few years from now you were unable to register a game because you had a disagreement with a moody Moderator in an Off Topic Forum?
There's just a problem with that thought Gyrus. Sony's forums, online content, and games are all private owned property. The first amendment is not valid when you are dealing with private owned property. So if the guy decided to act like an asshat, Sony has every right to get rid of him, because after all, Sony owns this private property. Sony makes the rules, and the guy decided to break them.
The chargeback aspect is a challenging thought however, one that the guy could possibly win.
Your moderator thought is a scary one indeed. In the end, though, Sony can trace what these moderators do. If they realize the moderators are abusive, you can count on someone losing his/her job.
You need to read the thread.
The First Amendment part of the claim is BS. I said that from the beginning. The other parts might not be though.
In fact - you are basically agreeing with me and what I have said using other words.
It is exactly that crap that prevents people standing up for their rights.
You need to read the thread.
The First Amendment part of the claim is BS. I said that from the beginning. The other parts might not be though.
In fact - you are basically agreeing with me and what I have said using other words.
Gyrus...it's a private company, they don't have to give you anything and they can treat you however they want. You can't tell a business how to run it's company. Private industry is great because they don't have to listen to people like you. Also you don't deserve rights just because the constitution says so.
Back on topic though, that guy agreed to the EULA and he has no rights, end of story.
Have you guys actually read the news? He payed for a service and was banned from it.
Because he broke the rules that he agreed to follow when he signed up. Therefore, he was banned and has no right to compensation.
Can you show us what rules did he break? Do you have the transcript that lead to his ban hammer?
No and neither do you. But Sony does and apparently, it was their justification for the ban. As others in this thread have said, if it's the guy who made the YouTube video, he not only deserves it, he deserves to be banned from the entire genre for life. He's a complete and utter douchebag.
Whoever is on the guy's side is wrong, I think I might have found something intresting. You can't say that the EULAs are not fair and that don't take away your rights, because you know why?!?! WHO READS THE EULAs AND TOSs!?!?! People get bored like reading the first paragraph. You don't know what you agreed to. If in the EULA, it says they will use your house for whatever reason while using their service, they are able to do so. "Freedom of Speech" and such does not come to this, as whoever doesn't read the first amendment says:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
The First Amendment is useless on private property, which are Sony's Forums. Your signing the contract to be able to use their property, but with a few rules. If you can't follow the rules, then don't go to their property and leave. Erik is only going to end up paying for Sony's Lawyers and Fees of the Court and Case. -_-
The reality is, when you click "I AGREE", you agree to be bound by the EULA and TOS whether you read it or not. You've legally agreed to it, you can't go back later and say you were a complete moron and didn't read it and expect that to stand up in a court of law. Ignorance, especially self-imposed ignorance, is no defense.
Ok, I think I found it. If this is the incident, and if this is Erik and for real, I can see why he got banned. He's not agoraphobic, he's freaking crazy. Ok, I watched it all the way through and it appears Erik was kicked out of Resistance twice by a mod. Erik then threw a tantrum and purposely antagonized the other gamers and mods as he filmed it on YouTube so he would be kicked again. What a douchebag asshole
Thanks for that.
Now here's a thought: What if Sony banned everyone who was "freaking crazy" and / or a "douchbag asshole" from their games?
What if MMORPG.com did?
All he has to do is show that he is not the only person using that sort of language in game and the whole 'bad language' thing goes right out the window.
Is calling someone a "pussy" worse than calling someone a "n00b"?
Also, he might actually have a clue.
Listen to what he says about 'Private' and 'Public'?
What he is referring to is 'public space'. Private land can still be a 'public' space. For example, a University Campus can be considered a public space. It could come down to how they screen people who enter that 'space'.
It depends on the law where he lives.
The fact he was allowed to log on and play for any amount of time also doesn't help Sony's case.
Whoever is on the guy's side is wrong, I think I might have found something intresting. You can't say that the EULAs are not fair and that don't take away your rights, because you know why?!?! WHO READS THE EULAs AND TOSs!?!?! People get bored like reading the first paragraph. You don't know what you agreed to. If in the EULA, it says ....
The reality is, when you click "I AGREE", you agree to be bound by the EULA and TOS whether you read it or not. You've legally agreed to it, you can't go back later and say you were a complete moron and didn't read it and expect that to stand up in a court of law. Ignorance, especially self-imposed ignorance, is no defense.
Not true.
Who played WAR?
Did you notice that the EULA in that game required you to scroll all the way to the bottom each time prior to pressing "I AGREE"?
Why do you think that was?
Do you think the legal department might have requested it because they realised that simply making players click "I AGREE" on the first paragraph might not actually cover their arse?
Gyrus...it's a private company, they don't have to give you anything and they can treat you however they want. You can't tell a business how to run it's company. Private industry is great because they don't have to listen to people like you. Also you don't deserve rights just because the constitution says so.
Back on topic though, that guy agreed to the EULA and he has no rights, end of story.
So, if I own a Playstation they can come to my house and beat me up? They can go into my bank account and take my money?
They can give my private information away?
They can pollute the environment? They can overthrow foreign governments? They can not pay taxes? Not do financial reports? Defraud customers? Lie to a court? Lie to your Congress? Endanger lives? Experiment on animals?
Gyrus...it's a private company, they don't have to give you anything and they can treat you however they want. You can't tell a business how to run it's company. Private industry is great because they don't have to listen to people like you. Also you don't deserve rights just because the constitution says so.
Back on topic though, that guy agreed to the EULA and he has no rights, end of story.
So, if I own a Playstation they can come to my house and beat me up? They can go into my bank account and take my money?
They can give my private information away?
They can pollute the environment? They can overthrow foreign governments? They can not pay taxes? Not do financial reports? Defraud customers? Lie to a court? Lie to your Congress? Endanger lives? Experiment on animals?
Wow. I wish I owned a business in the U.S.
Lol i didn't mean they can do whatever they want but they have the choice to run their business (while following the law) any way they want. Why would you defend ppl who ruin other gamers fun in a game/forum? What about the gamers rights to have fun without having to deal with annoying people who are purposly trying to ruin the fun?
Ok, I think I found it. If this is the incident, and if this is Erik and for real, I can see why he got banned. He's not agoraphobic, he's freaking crazy. Ok, I watched it all the way through and it appears Erik was kicked out of Resistance twice by a mod. Erik then threw a tantrum and purposely antagonized the other gamers and mods as he filmed it on YouTube so he would be kicked again. What a douchebag asshole
Thanks for that.
Now here's a thought: What if Sony banned everyone who was "freaking crazy" and / or a "douchbag asshole" from their games?
What if MMORPG.com did?
All he has to do is show that he is not the only person using that sort of language in game and the whole 'bad language' thing goes right out the window.
Is calling someone a "pussy" worse than calling someone a "n00b"?
Also, he might actually have a clue.
Listen to what he says about 'Private' and 'Public'?
What he is referring to is 'public space'. Private land can still be a 'public' space. For example, a University Campus can be considered a public space. It could come down to how they screen people who enter that 'space'.
It depends on the law where he lives.
The fact he was allowed to log on and play for any amount of time also doesn't help Sony's case.
I will be interested to see how this goes.
I have rarely heard pointless rants like that under any circumstances. Freedom of Speech is not carte blanche to dominte a space with obscenities, and yes, I know obscenity was once poorly defined as "I know it when I see it." But a pointless tirade of nothing but a string of cuss words. And insulting the mod? CSRs don't have to endlessly take abuse. I'm sure other people were swearing, but he went on a personal assault against the mods.
In terms of college campus, I recall plenty of people allowed to make public speeches or rants about religion, goverment, sex, but I believe all had to have a legitimate reason to be on the campus. All could have been asked to leave at any time.
According to seveal websites, every state has laws against obscene language. In nine U.S. states, it is illegal to use profanity in public or on the telephone, as it is intimidating and threatening. Though profanity convictions are rare, profanity can have unpleasant consequences. People charged with disorderly conduct often find their language introduced as evidence against them. I'm pretty sure n00b isn't considered profane, whereas pussy is. Maybe one day n00b will be considered profane, but not now. It's the diff between weed and alcohol. Is one worse than the other. I don't know, but one is legal, the other not. Well, except for medicinal marijuana and Marinol, but you get the idea I think..
I called that guy a douchbag because he was warned twice his behavior was in violation, and instead of relenting, he purposely upped his ranting in a direct effort to violate the standards again. If mmorpg felt my calling him a duchbag asshole was overstepping their rules, I would not have done it again if I were told not to. That guy clearly thought he was above the rules of the game.
... Lol i didn't mean they can do whatever they want but they have the choice to run their business (while following the law) any way they want. Why would you defend ppl who ruin other gamers fun in a game/forum? What about the gamers rights to have fun without having to deal with annoying people who are purposly trying to ruin the fun?
While following the law. Exactly. And what this guy is doing is questioning whether they are in fact doing that. That's what a court is for.
"Why would you defend ppl who ruin other gamers fun in a game/forum?"
Because I am surrounded by them.
The arseholes on the internet and in games are hardly new. Game companies know this. The trick is to balance the customer's rights (all of them).
If they want to ban people as a solution - okay - fine.
But figure out how and what is appropriate.
In this case - okay - ban him for life. But if you want to do that, you can't keep his money.
Ok, I think I found it. If this is the incident, and if this is Erik and for real, I can see why he got banned. He's not agoraphobic, he's freaking crazy. Ok, I watched it all the way through and it appears Erik was kicked out of Resistance twice by a mod. Erik then threw a tantrum and purposely antagonized the other gamers and mods as he filmed it on YouTube so he would be kicked again. What a douchebag asshole
Thanks for that.
Now here's a thought: What if Sony banned everyone who was "freaking crazy" and / or a "douchbag asshole" from their games?
What if MMORPG.com did?
All he has to do is show that he is not the only person using that sort of language in game and the whole 'bad language' thing goes right out the window.
Is calling someone a "pussy" worse than calling someone a "n00b"?
Also, he might actually have a clue.
Listen to what he says about 'Private' and 'Public'?
What he is referring to is 'public space'. Private land can still be a 'public' space. For example, a University Campus can be considered a public space. It could come down to how they screen people who enter that 'space'.
It depends on the law where he lives.
The fact he was allowed to log on and play for any amount of time also doesn't help Sony's case.
I will be interested to see how this goes.
You know that part where you have to create an account before you can post? That removes the "public" claim. In order to claim the forum/chat/whatever is "public", you would have to be able to freely post at will without having a membership. The account makes you a member of a private group, which makes you susceptible to the rules of said private group.
When the guy started spouting phrases like "my dad is a big time lawyer" and "they don't know who they're messin' with," all of his credibility went out the window.
The guy is clearly nerd-raging.
"Good people are good because they've come to wisdom through failure. We get very little wisdom from success, you know." William Saroyan
... According to seveal websites, every state has laws against obscene language. In nine U.S. states, it is illegal to use profanity in public or on the telephone, as it is intimidating and threatening. Though profanity convictions are rare, profanity can have unpleasant consequences. People charged with disorderly conduct often find their language introduced as evidence against them. I'm pretty sure n00b isn't considered profane, whereas pussy is. Maybe one day n00b will be considered profane, but not now. It's the diff between weed and alcohol. Is one worse than the other. I don't know, but one is legal, the other not. Well, except for medicinal marijuana and Marinol, but you get the idea I think.. I called that guy a douchbag because he was warned twice his behavior was in violation, and instead of relenting, he purposely upped his ranting in a direct effort to violate the standards again. If mmorpg felt my calling him a duchbag asshole was overstepping their rules, I would not have done it again if I were told not to. That guy clearly thought he was above the rules of the game.
And TBH if I was Sony that is what I would follow up.
Use of Profanity over the Telephone.
But again, then it is not up to Sony to ban him and keep his unused credit. It becomes a matter for the authorities.
And it is a slippery slope too - because then he could 'grief' Sony's other customers if he could get access to the chat in any way.
Simply launching case after case against anyone swearing. I mean... "WTF"?
The solution for Sony is to offer him a refund on any unused credit and offer to buy back his used games and PS at a fair price (the goods are all second hand - so that won't be much).
Explain that he is welcome to keep the games and PS but he is no longer welcome on their network.
Then it becomes his choice.
At that point - if it goes to court then Sony have made a fair offer and attempt to resolve the issue.
Sony 1, douchbag 0.
Attempting to stand on the EULA would be a mistake.
Comments
I saw the phone call video and the being banned by a moderator. He seriously got some nerves. So we have the transcript of how he got banned and stuff, but what does this relate to the forums? There are only two videos that show what's going on.
Oh my god...Good find! This guy is way off the wall..No wonder he got Ban Hammer..LOL This guy just blew his case....
I hope they allow cameras in the courtroom. i want to see this prick's face when he tells the judge "I have freedom of speech, you faggot!!".
Oh my god...Good find! This guy is way off the wall..No wonder he got Ban Hammer..LOL This guy just blew his case....
A real laugh is that he demands a jury trial in the filing.
Yeah......so he bashes gays about evey 15 seconds in that video, and in CA, how many of those potential jurors would likely be gay?
This guy gives idiots a bad name.
Oh yes, let a jury in court see this......
Ok, well it might not be the right incident. Another of this guy's videos shows a conversation between him and Sony. He gives his name as Michael Davidson and a different phone number that's listed on the filing.
I saw the phone call video and the being banned by a moderator. He seriously got some nerves. So we have the transcript of how he got banned and stuff, but what does this relate to the forums? There are only two videos that show what's going on.
Yes, but if those two videos are of Erik himself, well, lets just say that he now has zero chance whatsoever of winnning. He might've had a very slight chance of winning since he would bring up the aspect of chargeback and moderation possibly going wrong, but the video I just saw proves otherwise. I can't even think the jury would feel sorry for the guy's mental conditions, he'll just look like a gamer gone way too far into the deep end.
Edit Part: This is assuming of course that those two videos were of Erik himself.
If anything, he should be put in jail for verbal harrassment lawl
Currently restarting World of Warcraft
Oh my god...Good find! This guy is way off the wall..No wonder he got Ban Hammer..LOL This guy just blew his case....
I hope they allow cameras in the courtroom. i want to see this prick's face when he tells the judge "I have freedom of speech, you faggot!!".
I like front row seat..The Judge will probably throw the book at him for slander and recording phone conversation with out the person knowing until the last minute..My god this person show no respect to any of the players..Then has the gall to give out his number..What a waco...
Some people rob you at gun point..Others will rob you at "Ball Point Pen"
Oh my god...Good find! This guy is way off the wall..No wonder he got Ban Hammer..LOL This guy just blew his case....
I hope they allow cameras in the courtroom. i want to see this prick's face when he tells the judge "I have freedom of speech, you faggot!!".
I like front row seat..The Judge will probably throw the book at him for slander and recording phone conversation with out the person knowing until the last minute..My god this person show no respect to any of the players..Then has the gall to give out his number..What a waco...
I surprised that those videos and the link to the filing document with his phone number haven't found their way to the various gay/bi/transgender forums, where the results would be nasty for Erik.
He's lost it all with those videos as proof. I was wondering for someone to download those videos he put from Youtube just in case the court asks for the videos and he hides them, then goes and takes them off from Youtube. I definitely want him to lose.
Exactly! As everyone (mostly) has been saying, free speech doesn't work on Private Property.
Hope you dont go to a Private car company to get your Car..I would love to be there once your car has all the problems in the world..So much for free speech huh? However if its a Private Business and cash exchange hands..Thats another story...
Their once was a story about Capitalism and free market. Everything was going good until the bra-burning hippie democrats that cry about their rights being violated took down the big corporations. Now we have to go to the bread line to get are food under are great Communist Obama society. Morale of the story: private companies can do whatever they want, if you like their ethics and products you'll buy from them, if you don't then you won't buy from them. You don't have any rights with a private company and that's the way it should be. Don't go burning your bra and crying about free speech, just don't buy from Sony any more.
Trolls = Hardcore
Fanbois = Carebears
The only posts I read in threads are my own.
Well I don't think anyone is stopping.
The Wiki link was just to refute Goldknyht's assertion that EULAs are 100% binding.
It is exactly that crap that prevents people standing up for their rights.
As I said, I don't think he will win entirely. But if he can even get his money back for the unused credit that will be an important victory.
Why?
Because it will force game companies to actually consider carefully these 'bans' that they hand out.
Refunding money costs money.
So, you can bet that Moderators and GMs will be told to have a bloody good reason to hand out a ban (with proof!) before they do so.
That helps us all.
I have no problem with appropriate bans. But banning a customer from the use of all your products based on an agreement contained in one of them is pretty dodgy.
And banning a customer from the use of a product based on something that happened in a complimentary service (like a forum) is very dodgy.
Then refusing to refund the customer for his unused credit...???
There are a lot of issues and implications here too. Online registration of games is becoming popular as an example.
Imagine if a few years from now you were unable to register a game because you had a disagreement with a moody Moderator in an Off Topic Forum?
There's just a problem with that thought Gyrus. Sony's forums, online content, and games are all private owned property. The first amendment is not valid when you are dealing with private owned property. So if the guy decided to act like an asshat, Sony has every right to get rid of him, because after all, Sony owns this private property. Sony makes the rules, and the guy decided to break them.
The chargeback aspect is a challenging thought however, one that the guy could possibly win.
Your moderator thought is a scary one indeed. In the end, though, Sony can trace what these moderators do. If they realize the moderators are abusive, you can count on someone losing his/her job.
You need to read the thread.
The First Amendment part of the claim is BS. I said that from the beginning. The other parts might not be though.
In fact - you are basically agreeing with me and what I have said using other words.
Nothing says irony like spelling ideot wrong.
It is exactly that crap that prevents people standing up for their rights.
You need to read the thread.
The First Amendment part of the claim is BS. I said that from the beginning. The other parts might not be though.
In fact - you are basically agreeing with me and what I have said using other words.
Gyrus...it's a private company, they don't have to give you anything and they can treat you however they want. You can't tell a business how to run it's company. Private industry is great because they don't have to listen to people like you. Also you don't deserve rights just because the constitution says so.
Back on topic though, that guy agreed to the EULA and he has no rights, end of story.
Trolls = Hardcore
Fanbois = Carebears
The only posts I read in threads are my own.
Because he broke the rules that he agreed to follow when he signed up. Therefore, he was banned and has no right to compensation.
Can you show us what rules did he break? Do you have the transcript that lead to his ban hammer?
No and neither do you. But Sony does and apparently, it was their justification for the ban. As others in this thread have said, if it's the guy who made the YouTube video, he not only deserves it, he deserves to be banned from the entire genre for life. He's a complete and utter douchebag.
Played: UO, EQ, WoW, DDO, SWG, AO, CoH, EvE, TR, AoC, GW, GA, Aion, Allods, lots more
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The reality is, when you click "I AGREE", you agree to be bound by the EULA and TOS whether you read it or not. You've legally agreed to it, you can't go back later and say you were a complete moron and didn't read it and expect that to stand up in a court of law. Ignorance, especially self-imposed ignorance, is no defense.
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Thanks for that.
Now here's a thought: What if Sony banned everyone who was "freaking crazy" and / or a "douchbag asshole" from their games?
What if MMORPG.com did?
All he has to do is show that he is not the only person using that sort of language in game and the whole 'bad language' thing goes right out the window.
Is calling someone a "pussy" worse than calling someone a "n00b"?
Also, he might actually have a clue.
Listen to what he says about 'Private' and 'Public'?
What he is referring to is 'public space'. Private land can still be a 'public' space. For example, a University Campus can be considered a public space. It could come down to how they screen people who enter that 'space'.
It depends on the law where he lives.
The fact he was allowed to log on and play for any amount of time also doesn't help Sony's case.
I will be interested to see how this goes.
Nothing says irony like spelling ideot wrong.
The reality is, when you click "I AGREE", you agree to be bound by the EULA and TOS whether you read it or not. You've legally agreed to it, you can't go back later and say you were a complete moron and didn't read it and expect that to stand up in a court of law. Ignorance, especially self-imposed ignorance, is no defense.
Not true.
Who played WAR?
Did you notice that the EULA in that game required you to scroll all the way to the bottom each time prior to pressing "I AGREE"?
Why do you think that was?
Do you think the legal department might have requested it because they realised that simply making players click "I AGREE" on the first paragraph might not actually cover their arse?
One of the issues is - who clicked "I agree"?
And what was their option if they didn't agree?
Nothing says irony like spelling ideot wrong.
Gyrus...it's a private company, they don't have to give you anything and they can treat you however they want. You can't tell a business how to run it's company. Private industry is great because they don't have to listen to people like you. Also you don't deserve rights just because the constitution says so.
Back on topic though, that guy agreed to the EULA and he has no rights, end of story.
So, if I own a Playstation they can come to my house and beat me up? They can go into my bank account and take my money?
They can give my private information away?
They can pollute the environment? They can overthrow foreign governments? They can not pay taxes? Not do financial reports? Defraud customers? Lie to a court? Lie to your Congress? Endanger lives? Experiment on animals?
Wow. I wish I owned a business in the U.S.
Nothing says irony like spelling ideot wrong.
Gyrus...it's a private company, they don't have to give you anything and they can treat you however they want. You can't tell a business how to run it's company. Private industry is great because they don't have to listen to people like you. Also you don't deserve rights just because the constitution says so.
Back on topic though, that guy agreed to the EULA and he has no rights, end of story.
So, if I own a Playstation they can come to my house and beat me up? They can go into my bank account and take my money?
They can give my private information away?
They can pollute the environment? They can overthrow foreign governments? They can not pay taxes? Not do financial reports? Defraud customers? Lie to a court? Lie to your Congress? Endanger lives? Experiment on animals?
Wow. I wish I owned a business in the U.S.
Lol i didn't mean they can do whatever they want but they have the choice to run their business (while following the law) any way they want. Why would you defend ppl who ruin other gamers fun in a game/forum? What about the gamers rights to have fun without having to deal with annoying people who are purposly trying to ruin the fun?
Trolls = Hardcore
Fanbois = Carebears
The only posts I read in threads are my own.
Thanks for that.
Now here's a thought: What if Sony banned everyone who was "freaking crazy" and / or a "douchbag asshole" from their games?
What if MMORPG.com did?
All he has to do is show that he is not the only person using that sort of language in game and the whole 'bad language' thing goes right out the window.
Is calling someone a "pussy" worse than calling someone a "n00b"?
Also, he might actually have a clue.
Listen to what he says about 'Private' and 'Public'?
What he is referring to is 'public space'. Private land can still be a 'public' space. For example, a University Campus can be considered a public space. It could come down to how they screen people who enter that 'space'.
It depends on the law where he lives.
The fact he was allowed to log on and play for any amount of time also doesn't help Sony's case.
I will be interested to see how this goes.
I have rarely heard pointless rants like that under any circumstances. Freedom of Speech is not carte blanche to dominte a space with obscenities, and yes, I know obscenity was once poorly defined as "I know it when I see it." But a pointless tirade of nothing but a string of cuss words. And insulting the mod? CSRs don't have to endlessly take abuse. I'm sure other people were swearing, but he went on a personal assault against the mods.
In terms of college campus, I recall plenty of people allowed to make public speeches or rants about religion, goverment, sex, but I believe all had to have a legitimate reason to be on the campus. All could have been asked to leave at any time.
According to seveal websites, every state has laws against obscene language. In nine U.S. states, it is illegal to use profanity in public or on the telephone, as it is intimidating and threatening. Though profanity convictions are rare, profanity can have unpleasant consequences. People charged with disorderly conduct often find their language introduced as evidence against them. I'm pretty sure n00b isn't considered profane, whereas pussy is. Maybe one day n00b will be considered profane, but not now. It's the diff between weed and alcohol. Is one worse than the other. I don't know, but one is legal, the other not. Well, except for medicinal marijuana and Marinol, but you get the idea I think..
I called that guy a douchbag because he was warned twice his behavior was in violation, and instead of relenting, he purposely upped his ranting in a direct effort to violate the standards again. If mmorpg felt my calling him a duchbag asshole was overstepping their rules, I would not have done it again if I were told not to. That guy clearly thought he was above the rules of the game.
While following the law. Exactly. And what this guy is doing is questioning whether they are in fact doing that. That's what a court is for.
"Why would you defend ppl who ruin other gamers fun in a game/forum?"
Because I am surrounded by them.
The arseholes on the internet and in games are hardly new. Game companies know this. The trick is to balance the customer's rights (all of them).
If they want to ban people as a solution - okay - fine.
But figure out how and what is appropriate.
In this case - okay - ban him for life. But if you want to do that, you can't keep his money.
Nothing says irony like spelling ideot wrong.
Zymurgeist.
Please read the whole thread. I actually said that on about page three or four.
Also, I will say again... I am not arguing his "free speech" rights.
That part of his case is BS.
It's the other parts (read the filing) that are more interesting.
Nothing says irony like spelling ideot wrong.
Thanks for that.
Now here's a thought: What if Sony banned everyone who was "freaking crazy" and / or a "douchbag asshole" from their games?
What if MMORPG.com did?
All he has to do is show that he is not the only person using that sort of language in game and the whole 'bad language' thing goes right out the window.
Is calling someone a "pussy" worse than calling someone a "n00b"?
Also, he might actually have a clue.
Listen to what he says about 'Private' and 'Public'?
What he is referring to is 'public space'. Private land can still be a 'public' space. For example, a University Campus can be considered a public space. It could come down to how they screen people who enter that 'space'.
It depends on the law where he lives.
The fact he was allowed to log on and play for any amount of time also doesn't help Sony's case.
I will be interested to see how this goes.
You know that part where you have to create an account before you can post? That removes the "public" claim. In order to claim the forum/chat/whatever is "public", you would have to be able to freely post at will without having a membership. The account makes you a member of a private group, which makes you susceptible to the rules of said private group.
When the guy started spouting phrases like "my dad is a big time lawyer" and "they don't know who they're messin' with," all of his credibility went out the window.
The guy is clearly nerd-raging.
"Good people are good because they've come to wisdom through failure. We get very little wisdom from success, you know." William Saroyan
And TBH if I was Sony that is what I would follow up.
Use of Profanity over the Telephone.
But again, then it is not up to Sony to ban him and keep his unused credit. It becomes a matter for the authorities.
And it is a slippery slope too - because then he could 'grief' Sony's other customers if he could get access to the chat in any way.
Simply launching case after case against anyone swearing. I mean... "WTF"?
The solution for Sony is to offer him a refund on any unused credit and offer to buy back his used games and PS at a fair price (the goods are all second hand - so that won't be much).
Explain that he is welcome to keep the games and PS but he is no longer welcome on their network.
Then it becomes his choice.
At that point - if it goes to court then Sony have made a fair offer and attempt to resolve the issue.
Sony 1, douchbag 0.
Attempting to stand on the EULA would be a mistake.
Nothing says irony like spelling ideot wrong.