HOLY SHIZA this has to be the most Epic thread in the world right now... best thing to read before having to go to work, i say :P
if that guy wins im selling my consoles and pc... never to play online again cause not only does he want his ban over turned but he wants it to be made Illegal for a game company to ban anyone... as well as cost moderators their jobs...
which means any game online your going to have the lam-o-tards and greifers without any means of combating them... plus lets not forget scriptkiddies and gold spammers... they will beable to do anything they want cause once banned they can sue....
so honestly i hope he epically fails and loses badly arguing the age agreement is weak.. cause the company does not regulate who buys their games or who clicks the agree... if your 90yr grandmother buys you a game rated for ages 40++ and your 10... thats your parents and grandmothers fault not the companys... same if they click the agree to RnR popups that state you must be THIS OLD to play. very rare to hear companies losing to that, but who knows...
but personally i wouldnt want this tard to win hes most likely one of those screamo kiddies who crys and crys when you knife them in the back multiple times online... or who screams in to their mic about how badly your raping them... do we really WANT these kind of people O_O???
(epic lulz at the america ranting hahahahah priceless :P)
*I did not read the whole article, so I don't know the specifics yet* While I have not agreed with some of the crap soe and other companies put in their eulas, I really fear for the very slim chance that this guy wins his case. Banning is an important tool for mmo companies. It would be pretty aweful if a company had to go to court for banning someone who acts like a jackhole in any game.
He wont win. As soon as you say I agree to the EULA or agree to a account. you basically signed all ur rights away and they can do what ever they want to a extent and being banned is something u signed up for and you can get banned even if its for no reason. and theres nothing u can do about it.
This is my favorite message from them all here.
Just to give a heads-up:
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. -_-
Without the actual transcript or record of the ban, I can't really say how I feel about this issue. Although I'm fairly sure that it probably takes a lot to get banned by Sony for behavior. This kid must have done enough to get reported by multiple players and repeated actions he was more than likely warned to stop.
Also, I think using his "diseases" to grant pity from any jury is pretty ridiculous. He won't gain any support if he can't show up in court, for sure.
Oh, wow, I just reread one of the bullet points. I take major issue with the fact that he is basically saying he wants to stop Sony from banning anyone for any sort of behavior because of the ignore/mute feature. This has horrible, horrible, horrible, ramifications.
"Sony, there is someone spouting nazi youth propaganda over hit headset during our games. He and a few others go into every room and do this."
Without the actual transcript or record of the ban, I can't really say how I feel about this issue. Although I'm fairly sure that it probably takes a lot to get banned by Sony for behavior. This kid must have done enough to get reported by multiple players and repeated actions he was more than likely warned to stop. Also, I think using his "diseases" to grant pity from any jury is pretty ridiculous. He won't gain any support if he can't show up in court, for sure.
The transcript will be asked by the Court, anyways. It will come to show soon. The court can't decide even if it's one stupid case.
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.
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.
Ahhhh, America. What a great, stupid country we live in.
It's called the United States of America which is abbreviated as USA. There's no country named America, genius.
I seem to remember a little song.... "God Bless America" ?!? Not "God Bless the USA" or "God Bless the United States of America". Oh, I've attached a link to the lyrics:
And you may also want to know that Irving Berlin in 1955 was awarded by U.S. President Dwight D. Eisenhower a special medal authorized by the Congress of the United States for his patriotic songs. I guess he wasn't a true patriot because he wasn't talking about a real country. What a shame! Pfft, genius!
Well we do have two America..One is called North America and the other is South America..
North and South America are continents, not countries. And while I believe it is technically considered part of North America, poor Central America is forgotten again..Que lastima!!!
Hehe just talking about America..Never did say anything about continents..Yeah and im sorry i did forget Central America..So that makes 3 America..
Some people rob you at gun point..Others will rob you at "Ball Point Pen"
Well, without freedom of speech, we wouldn't have democracy like I see in America. However, it's noted that freedom of speech has been narrowed down. In this one case where a guy burned an American flag publically to protest the government's actions in Vietnam, he tried to declare the 1st amendment. In this case, the guy was struck down. The judge declared that freedom of speech doesn't protect you in certain cases. For instance, yelling Fire! inside a building that is not on fire simply to have fun scaring people is not protected by freedom of speech. Thus, as long as no one is a dumbass, freedom of speech is awesome. However, it is obvious that would be abused, which is why Congress ruled that freedom of speech does not apply to privately owned property.
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...
Some people rob you at gun point..Others will rob you at "Ball Point Pen"
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...
Long story short, like XboxOmac said, free speach doesn't work on private property. You're now agreeing to the owner's rules, and if you break them, you're screwed.
P.S. XboxOmac, this is driving me crazy, so I must ask this question. Your avatar, it is from the Tekken series?
Estavillo's complaint also reveals that services like the Playstation Network are his main way of socializing, as he suffers from agorophobia (fear of crowds), as well as Obsessive Compulsive Disorder, Panic Disorder, Major Depression, and Crohn's Disease (an auto-immune disease that attacks the digestive tract).
Just put a bullet in the mans head and call it darwinism already
LOL! Good post
- Case: Thermaltake Kandalf Black Chassis - CPU: AMD Phenom II X4 955 Black Edition 3.2GHz (OC'd 4.2GHz on Water Cooling) - Memory: Mushkin 8Gb (4x 2Gb) DDR3 1600Mhz - HDD: Dual Western Digital Caviar Black 1TB 7200 RPM - GFX: (2) XFX Radeon HD 5870 in CrossFire - New upgrade!
"I like wow, I like aion and I like AoC all for different reasons.....the later cause i get to see boobs, but still its a reason!!" - Sawlstone
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...
Long story short, like XboxOmac said, free speach doesn't work on private property. You're now agreeing to the owner's rules, and if you break them, you're screwed.
P.S. XboxOmac, this is driving me crazy, so I must ask this question. Your avatar, it is from the Tekken series?
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...
You mean like GM, Sames, Paul Young, and Chevrolet? The car is only theirs until payed by the consumer.
It's Lili from the Tekken 5 as her first appearance.
Now I got a question, how do I activate my signiture? It's in my profile, but not here.
Found this other article. Don't know where they got the info, but it states Erik was given three warnings. Also says he has a YouTube page, but I can't find it.
Since I play the PS3 online often, I can say there are some ragers out there (thank goodness that tweens and anyone below the age of 12 stays away from the PS3, would not want to deal with that). So if Erik got banned, he must've really pushed too many people's buttons way too far.
Also, XboxOmac, I actually don't know how to activate the signature too. I shall try to do that in the future and report back on how to do that. Or would someone be nice and tell us how to do that?
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've read the filing and it does not seem to argue its case that well. It tends to put too much emphasis on points that are secondary and skim over things that raise legal concerns. One of his major assertion is that Sony should not be moderating its own servers and should just let the players self-moderate through the use of mute and ignore functions. I really do not see how a judge would limit a company's ability to police it's forums in such a way. At the same time he does not make much fuss about the fact that Sony is not refunding his money or it is extending its ban beyond the forum where the actual incident took place. It seems to me that the lawsuit is written more as an outrage at the insult Sony has given him rather than focusing on the overall enforceability of EULA/ToS contracts and bad practices on the part of Sony.
Good point. Also, there's that point mentioning how he has mental conditions, and how he needed the PS3 to socialize because he had agoraphobia (the fear of going outside your protective "home"). This point won't really work because once again, Erik was playing with privately owned property, where Sony makes the rules and he doesn't. I believe this point was created to try to get the jury to sympathize with him and thus win the jury over to his cause. Hopefully, the jury has enough brains to know the rules of the 1st amendment and how it doesn't validly apply to private property.
I am not that familar with how the US courts handle the judge vs jury trial decision (I am Canadian). Would the jury even hear that argument if the judge rules that it has no legal merit?
If it were to come up in front of the jury and the judge at that time decides it lacks merit, he will instruct the jurors to disregard that area of the suit.
As we have all at one time or another pointed out to idiots proclaiming their "freedom of speech" has been denied on these forums, you have no constitutional right to free speech on private property, whether you be on a forum or in my living room when I kick your ass out for saying something I don't like. This moron needs to be counter-sued for filing a frivolous lawsuit and should be demanded to pay all of Sony's court/attorney expanses ( can you imagine how much just ONE of their lawyers cost, not to mention the twenty or so they'll throw at this moron? ). Sony will own his great-great-grandchildren's paychecks. lol
I agree with Zorvan 100%. But like someone else said, this is America.
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
The best part is he 1.) states his dad is a "big time lawyer", yet in the suit he represents himself and 2.) he states that he's sending the youtube vid to Sony as proof against their mods, which just saved Sony having to download the vid itself for use against him in court.
The lamefuck is killing his own case everytime he opens his mouth. lol
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
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....
Some people rob you at gun point..Others will rob you at "Ball Point Pen"
Comments
HOLY SHIZA this has to be the most Epic thread in the world right now... best thing to read before having to go to work, i say :P
if that guy wins im selling my consoles and pc... never to play online again cause not only does he want his ban over turned but he wants it to be made Illegal for a game company to ban anyone... as well as cost moderators their jobs...
which means any game online your going to have the lam-o-tards and greifers without any means of combating them... plus lets not forget scriptkiddies and gold spammers... they will beable to do anything they want cause once banned they can sue....
so honestly i hope he epically fails and loses badly arguing the age agreement is weak.. cause the company does not regulate who buys their games or who clicks the agree... if your 90yr grandmother buys you a game rated for ages 40++ and your 10... thats your parents and grandmothers fault not the companys... same if they click the agree to RnR popups that state you must be THIS OLD to play. very rare to hear companies losing to that, but who knows...
but personally i wouldnt want this tard to win hes most likely one of those screamo kiddies who crys and crys when you knife them in the back multiple times online... or who screams in to their mic about how badly your raping them... do we really WANT these kind of people O_O???
(epic lulz at the america ranting hahahahah priceless :P)
He wont win. As soon as you say I agree to the EULA or agree to a account. you basically signed all ur rights away and they can do what ever they want to a extent and being banned is something u signed up for and you can get banned even if its for no reason. and theres nothing u can do about it.
This is my favorite message from them all here.
Just to give a heads-up:
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. -_-
Without the actual transcript or record of the ban, I can't really say how I feel about this issue. Although I'm fairly sure that it probably takes a lot to get banned by Sony for behavior. This kid must have done enough to get reported by multiple players and repeated actions he was more than likely warned to stop.
Also, I think using his "diseases" to grant pity from any jury is pretty ridiculous. He won't gain any support if he can't show up in court, for sure.
Doktar - 70 Troll Priest - Perenolde
Oh, wow, I just reread one of the bullet points. I take major issue with the fact that he is basically saying he wants to stop Sony from banning anyone for any sort of behavior because of the ignore/mute feature. This has horrible, horrible, horrible, ramifications.
"Sony, there is someone spouting nazi youth propaganda over hit headset during our games. He and a few others go into every room and do this."
"Just mute or ignore him!"
"..."
Doktar - 70 Troll Priest - Perenolde
The transcript will be asked by the Court, anyways. It will come to show soon. The court can't decide even if it's one stupid case.
this case has precedence anyway it won't get through the door...bottom line...sony doesn't need a reason to ban you...
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.
Trolls = Hardcore
Fanbois = Carebears
The only posts I read in threads are my own.
Although Sony isn't abusive obviously. Whatever the guy did, he must've really pushed the problem too far.
Exactly! As everyone (mostly) has been saying, free speech doesn't work on Private Property.
It's called the United States of America which is abbreviated as USA. There's no country named America, genius.
I seem to remember a little song.... "God Bless America" ?!? Not "God Bless the USA" or "God Bless the United States of America". Oh, I've attached a link to the lyrics:
http://www.scoutsongs.com/lyrics/godblessamerica.html
And you may also want to know that Irving Berlin in 1955 was awarded by U.S. President Dwight D. Eisenhower a special medal authorized by the Congress of the United States for his patriotic songs. I guess he wasn't a true patriot because he wasn't talking about a real country. What a shame! Pfft, genius!
Well we do have two America..One is called North America and the other is South America..
North and South America are continents, not countries. And while I believe it is technically considered part of North America, poor Central America is forgotten again..Que lastima!!!
Hehe just talking about America..Never did say anything about continents..Yeah and im sorry i did forget Central America..So that makes 3 America..
Some people rob you at gun point..Others will rob you at "Ball Point Pen"
Well, without freedom of speech, we wouldn't have democracy like I see in America. However, it's noted that freedom of speech has been narrowed down. In this one case where a guy burned an American flag publically to protest the government's actions in Vietnam, he tried to declare the 1st amendment. In this case, the guy was struck down. The judge declared that freedom of speech doesn't protect you in certain cases. For instance, yelling Fire! inside a building that is not on fire simply to have fun scaring people is not protected by freedom of speech. Thus, as long as no one is a dumbass, freedom of speech is awesome. However, it is obvious that would be abused, which is why Congress ruled that freedom of speech does not apply to privately owned property.
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...
Some people rob you at gun point..Others will rob you at "Ball Point Pen"
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...
Long story short, like XboxOmac said, free speach doesn't work on private property. You're now agreeing to the owner's rules, and if you break them, you're screwed.
P.S. XboxOmac, this is driving me crazy, so I must ask this question. Your avatar, it is from the Tekken series?
Just put a bullet in the mans head and call it darwinism already
LOL! Good post
- Case: Thermaltake Kandalf Black Chassis
- CPU: AMD Phenom II X4 955 Black Edition 3.2GHz (OC'd 4.2GHz on Water Cooling)
- Memory: Mushkin 8Gb (4x 2Gb) DDR3 1600Mhz
- HDD: Dual Western Digital Caviar Black 1TB 7200 RPM
- GFX: (2) XFX Radeon HD 5870 in CrossFire - New upgrade!
"I like wow, I like aion and I like AoC all for different reasons.....the later cause i get to see boobs, but still its a reason!!" - Sawlstone
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...
Long story short, like XboxOmac said, free speach doesn't work on private property. You're now agreeing to the owner's rules, and if you break them, you're screwed.
P.S. XboxOmac, this is driving me crazy, so I must ask this question. Your avatar, it is from the Tekken series?
I thought it was Carol Anne from Poltergeist..
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...
You mean like GM, Sames, Paul Young, and Chevrolet? The car is only theirs until payed by the consumer.
It's Lili from the Tekken 5 as her first appearance.
Now I got a question, how do I activate my signiture? It's in my profile, but not here.
Found this other article. Don't know where they got the info, but it states Erik was given three warnings. Also says he has a YouTube page, but I can't find it.
Since I play the PS3 online often, I can say there are some ragers out there (thank goodness that tweens and anyone below the age of 12 stays away from the PS3, would not want to deal with that). So if Erik got banned, he must've really pushed too many people's buttons way too far.
Also, XboxOmac, I actually don't know how to activate the signature too. I shall try to do that in the future and report back on how to do that. Or would someone be nice and tell us how to do that?
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
Good point. Also, there's that point mentioning how he has mental conditions, and how he needed the PS3 to socialize because he had agoraphobia (the fear of going outside your protective "home"). This point won't really work because once again, Erik was playing with privately owned property, where Sony makes the rules and he doesn't. I believe this point was created to try to get the jury to sympathize with him and thus win the jury over to his cause. Hopefully, the jury has enough brains to know the rules of the 1st amendment and how it doesn't validly apply to private property.
I am not that familar with how the US courts handle the judge vs jury trial decision (I am Canadian). Would the jury even hear that argument if the judge rules that it has no legal merit?
If it were to come up in front of the jury and the judge at that time decides it lacks merit, he will instruct the jurors to disregard that area of the suit.
I agree with Zorvan 100%. But like someone else said, this is America.
Mr. Bagguns
I've read the filing document, and it's very poorly done.
I suspect ol' Erik did a self-filing and didn't use legal representation. Further evidence of his utter stupidity.
The best part is he 1.) states his dad is a "big time lawyer", yet in the suit he represents himself and 2.) he states that he's sending the youtube vid to Sony as proof against their mods, which just saved Sony having to download the vid itself for use against him in court.
The lamefuck is killing his own case everytime he opens his mouth. lol
Oh yes, let a jury in court see this......
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....
Some people rob you at gun point..Others will rob you at "Ball Point Pen"