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Old 11-25-2009, 01:08 AM   #1
BirdManJr BirdManJr is offline
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Default MAD gamer sues sony, nintendo & microsoft

Why sue just one console manufacturer when you could be suing all three? California gamer Erik Estavillo made headlines back in July when he sued Sony after being banned from the Playstation Network, claiming the company violated his free speech rights and caused undue pain and suffering.

Turns out a couple of other companies have allegedly been causing Estavillo pain and suffering, too. Next on his litigious list are Microsoft and Nintendo, according to a suit he filed in California's District Court this week.

Estavillo claims he suffered "undue stress" after his Xbox 360 fell victim to the widespread "red ring of death" hardware malfunction. He's seeking $75,000 in damages. He's also suing Nintendo, for a mere $5,000, after a Wii system update interfered with a hack he was using to unlock an extra character in Mario Kart Wii.

Sad? That's just the start of it.

"Estavillo says he suffers from depression, obsessive-compulsive disorder, panic disorder, agoraphobia and Crohn’s disease, all of which lead to his leaning on videogames 'heavily' for happiness," Gamepolitics said.

No need to feel left out, though. If you were one of the million or so Xbox owners banned in Microsoft's sweep last week, you too can get in on the legal action, courtesy of a planned class-action lawsuit that claims the bans were timed to coincide with Call of Duty: Modern Warfare 2's release as some kind of revenue-generating exercise.
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Old 11-25-2009, 01:11 AM   #2
Propellarhead9 Propellarhead9 is offline
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I hate people like this
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Old 11-25-2009, 01:14 AM   #3
Rblu-Dblu Rblu-Dblu is offline
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If video games are your only source of happiness, then you need to get out and have something new happen to you.

Plus the guy was probably a jackass on the PSN and nobody wanted to game with him.
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Old 11-25-2009, 01:18 AM   #4
Blu_Ray_UK2007 Blu_Ray_UK2007 is offline
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What a penarse!
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Old 11-25-2009, 02:37 AM   #5
jadedeath jadedeath is offline
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Here's a question...

If he suffers from "Obsessive Compulsive Disorder" then why did he need a hack in order to unlock a character in Mario Kart Wii?

I mean, it's not that hard... really, I've done it, and I hardly ever finish games.

Logan

As an edited addendum, if he suffers from Agoraphobia... how did he get a lawyer?
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Old 11-25-2009, 05:59 AM   #6
Psybits Psybits is offline
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Quote:
Originally Posted by Rblu-Dblu View Post
the guy was probably a jackass on the PSN and nobody wanted to game with him.
+1

Quote:
Originally Posted by jadedeath View Post
As an edited addendum, if he suffers from Agoraphobia... how did he get a lawyer?
I don't see the connection?? Agoraphobia is the fear of wide open spaces
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Old 11-25-2009, 06:23 AM   #7
MikeDaWiz MikeDaWiz is offline
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Quote:
Originally Posted by Psybits View Post
+1


I don't see the connection?? Agoraphobia is the fear of wide open spaces
I thought it was fear of leaving your house. lol
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Old 11-25-2009, 07:47 AM   #8
Suntory_Times Suntory_Times is offline
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Quote:
Originally Posted by jadedeath View Post
Here's a question...

If he suffers from "Obsessive Compulsive Disorder" then why did he need a hack in order to unlock a character in Mario Kart Wii?

I mean, it's not that hard... really, I've done it, and I hardly ever finish games.

Logan

As an edited addendum, if he suffers from Agoraphobia... how did he get a lawyer?
I suffer from OCD as well, and the symptoms and compulsion can be very different from person to person. Hence it's really a moot point, but honestly isn't it in the terms and agreements you have to agree to to use xbox live for example that xbox can stop your membership at any time if they see fit etc...
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Old 11-25-2009, 09:36 AM   #9
X400 X400 is offline
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link?



look at what i found in google

Quote:
Estavillo filed a civil complaint charge this morning against ActiBlizz which he claims to have "deceitful" business practices, which “continues to maintain a harmful virtual environment to many of its customers by forcing them to follow the game’s sneaky and deceitful practices.”

According to Estavillo, World of Warcraft was designed “to walk or run at a calculated slow pace, resulting in the player taking longer to get where he or she needs to go in the game.” The slow walking, therefore, prolongs the gaming process, resulting in more subscription revenues.

Estavillo then turned again to his health problems - OCD, Agoraphobia, Panic Disorder, major depression and Crohn’s Disease - to what led to the suicide of EverQuest player, Shawn Woolley. He “doesn’t want to end up like Shawn did as he [Estavillo] relies on videogames heavily for the little ongoing happiness he can achieve in this life.”

And to put the cherry on the ice cream, Estavillo subpoenas Martin Lee Gore and Winona Ryder to testify on his behalf regarding alienation. He explains that "he (Gore) himself has been known to be sad, lonely, and alienated as can be seen in the songs he writes."

As for Winona, Estavillo reasons using JD Salinger's Catcher in the Rye - a common interest between him and her. According to him, Ryder will be able to “explain the significance of alienation in Catcher in the Rye and will also testify to how alienation in the book can tie to alienation in real live/video games such as World of Warcraft.”

The banned Resistance player is now asking for US$ 1 million in punitive damages and a court order for Blizzard to make the WoW characters walk faster.

I should be ashamed that I'm still laughing.
http://mmorpg.qj.net/Erik-Estavillo-.../49/aid/136161

Last edited by X400; 11-25-2009 at 09:39 AM.
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Old 11-25-2009, 10:07 AM   #10
BluHavik BluHavik is offline
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It's clear as day in the terms of use. When you click agree, you click away any chance of winning a lawsuit like this.

Makes me sick that a fraction of my taxes go to hearing this case.

Last edited by BluHavik; 11-25-2009 at 10:10 AM.
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Old 11-25-2009, 11:06 AM   #11
SleeperAgent SleeperAgent is offline
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In all seriousness, I hope they either A. Kick him out of the state, B. Arrest him for false claims, or C. Kill him. I vote C. We don't need people running around doing stuff like this.

And we damn sure don't need them breeding.
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Old 11-25-2009, 11:36 AM   #12
Psychonaut Psychonaut is offline
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Sounds like someone has too much time before the next Final Fantasy comes out. He should be thrown out of court and ordered to pay the legal fees for the people he sued.
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Old 11-25-2009, 11:41 AM   #13
DonRSD DonRSD is offline
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todays youth is going down the toilet bowl.
read a book or go outside & play with your friends.

online e-friends isnt the same as REAL friends

go throw a football/baseball around.
go to a sporting event
hit the beach
get a girlfriend

my son is 7 and loves his videogames, but ill be damned if i let videogames be his only source of excitement/enjoyment.......you cant let the tv/videogam,es raise your kids.

i wonder what this childs parents think about his lawsuit? lol
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Old 11-25-2009, 12:37 PM   #14
jadedeath jadedeath is offline
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Quote:
Originally Posted by Psybits View Post
I don't see the connection?? Agoraphobia is the fear of wide open spaces
Most Lawyers I know don't make housecalls to random people who call them up.*

Logan

*unless that person has a crapload of money.
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Old 11-25-2009, 02:23 PM   #15
P@t_Mtl P@t_Mtl is offline
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Ok so he is suing the world because he is a pathetic loser that can't have relationship outside of his games and of course that is society's fault if he as no social skills what so ever and must blame all of us.

I can see him going "postal" as soon as the judge decide to kick him out of the court room along with his sorry pathetic life.
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Old 11-25-2009, 02:35 PM   #16
Teabaggins Teabaggins is offline
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he should smoke a joint and have a beer, and try to get laid.
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Old 11-25-2009, 03:52 PM   #17
Dynamo of Eternia Dynamo of Eternia is offline
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This guy is an idiot. Oh boo-hoo. So he has some difficult diseases, illnesses and issues to deal with. Yeah, that means that the everyone involved with making and selling video games should make sure that each and every gaming option appeals and caters to his whim in some way.

Quote:
Originally Posted by BirdManJr View Post
No need to feel left out, though. If you were one of the million or so Xbox owners banned in Microsoft's sweep last week, you too can get in on the legal action, courtesy of a planned class-action lawsuit that claims the bans were timed to coincide with Call of Duty: Modern Warfare 2's release as some kind of revenue-generating exercise.
Okay, this part is confusing me a little. Is this part of this guy's particular lawsuit, or is this something separate? And if it is separate, what exactly happened? Were these people banned for any particular reason? And how would banning people from the network generate revenue? That's like a bar tender permanently banning me from his bar in an effort to get me to buy more drinks... I can't buy drinks from him if he won't let me into his bar!
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Old 11-25-2009, 03:56 PM   #18
master_8ball master_8ball is offline
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Quote:
Originally Posted by Dynamo of Eternia View Post


Okay, this part is confusing me a little. Is this part of this guy's particular lawsuit, or is this something separate? And if it is separate, what exactly happened? Were these people banned for any particular reason? And how would banning people from the network generate revenue? That's like a bar tender permanently banning me from his bar in an effort to get me to buy more drinks... I can't buy drinks from him if he won't let me into his bar!
Banned for having a modded box. They say cash grab as they all have to go out and buy a new machine... Expect record sales before xmas and then the bragging on how well it sold compared to the PS3 for the holidays
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Old 11-25-2009, 04:58 PM   #19
jadedeath jadedeath is offline
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Quote:
Originally Posted by Dynamo of Eternia View Post
Okay, this part is confusing me a little. Is this part of this guy's particular lawsuit, or is this something separate? And if it is separate, what exactly happened? Were these people banned for any particular reason? And how would banning people from the network generate revenue? That's like a bar tender permanently banning me from his bar in an effort to get me to buy more drinks... I can't buy drinks from him if he won't let me into his bar!
Banning you from the bar might invite in some people who have been waiting for you to get kicked out........

Logan
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Old 11-25-2009, 05:17 PM   #20
jono_0101 jono_0101 is offline
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Quote:
Originally Posted by master_8ball View Post
Banned for having a modded box. They say cash grab as they all have to go out and buy a new machine... Expect record sales before xmas and then the bragging on how well it sold compared to the PS3 for the holidays
now i dont know much about the xbox since ive never owned one, but does that mean you can only have one profile name per unit? if so, thats pretty weak
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