Sony sued over free speech

[Dolentrean]

Banned Player Sues Sony (http://www.destructoid.com/player-banned-from-resistance-sues-sony-over-free-speech-140779.phtml)

(If you don’t want to read the link)
Ok, basically this individual was banned from PSN for excessive language (what exactly he said is unknown). So, instead of taking it as a lesson learned and moving on, he decided to push back and is now suing Sony for not allowing him to exercise free speech.

But wait… there’s more. He is also claiming in his case that the banning caused him “Pain and Suffering” because he is agoraphobic and gaming was his only social interaction.

If you want the details, click the link.

Discuss.

[Wolf Kanno]

This lawsuit is filled with so much bull:bou::bou::bou::bou:...

I hate lawsuits like this where the 1st party screws around and gets punished for being a stupid jackass and then turns around and sues the second party for doing there job. I'm sure it will be thrown out and even if it isn't, its not likely he'll win. This is a joke. :roll2

[Ouch!]

I'm surprised that this case is even being heard. No doubt Sony reserves the right to terminate service of any customer for abuse, misuse, etc. of their service (as to be determined by Sony exclusively) as protected by their Terms of Service agreement to which all users must agree. The Play Station Network is a private service, not public domain. Free speech doesn't exist there.

[Dolentrean]

I'm surprised that this case is even being heard. No doubt Sony reserves the right to terminate service of any customer for abuse, misuse, etc. of their service (as to be determined by Sony exclusively) as protected by their Terms of Service agreement to which all users must agree. The Play Station Network is a private service, not public domain. Free speech doesn't exist there.

This was my reaction when I read it. I am very surprised that they have even validated the case this much. The only thing that is even noteworthy is him wanting access to his prepaid points. I was somewhat surprised that he thought to mention that in his case.

He states that he was banned for his language in a “public forum” but like you said, it is owned by Sony, and its all put forth in there terms of use agreement (I would assume, I don’t play PSN, so correct me if I am wrong)

[Ouch!]

I doubt he can get the prepaid points back. As far as Sony is concerned, he likely purchased the points, and by doing so the transaction was complete when he purchased the points. He got what he paid for. His fault he can't use it now. That's likely also in their ToS.

[Vyk]

Everyone pretty much already stated what I was thinking. There is no free speech in a private domain. He had to agree to that when he signed up. Guess he should read or behave himself. His fault. His loss

[Jiro]

Seems a pretty simple case to me. The guy was using excessive language, breached Terms of Service, gets banned. End of story. This case shouldn't even be considered as serious.

[Raistlin]

I'm surprised that this case is even being heard.

I don't see anything in that article about a trial date. Hell, Sony hasn't even responded, so the lawsuit hasn't gotten anywhere yet. It will likely be dismissed as soon it gets before a judge and Sony files a motion.

[Markus. D]

ToS agreement.

This is a hilarious case, and I think that guy doesn't stand a chance.

[Bolivar]

I wonder if they banned his PSN name or his IP? In the case of the former he could just make another seeing as it takes a total of 2 minutes... sucks for his points, I think he should get them back and consent to a lesson learned.

[Quindiana Jones]

I see no case here. He has accepted the contract that says Sony can ban him if he uses offensive language or behaviour. Hell, if anything, Sony should sue him for breach of contract.

[qwertysaur]

i have no comment on this. He is delusional to think that any judge will een look at this case without throwing it in his face.

Also showing up to court will be enough evidence discretit him and lose the case, as his claimed agoraphobia would prevent him from even showing up.

[Dreddz]

I very much doubt they banned him outright for swearing over PSN. It must have been a repeated offense in which case he deserves to be banned. Plus I doubt they would ban his entire IP address, only his account, which is trivial. This entire story just pisses me off beyond belief.

On the plus side though, Sony might just have helped him get a little closer to overcoming his agrophobia. Good job Sony.

[Dolentrean]

On the plus side though, Sony might just have helped him get a little closer to overcoming his agrophobia. Good job Sony.

This made me smile.

[Depression Moon]

Too funny.

[Timekeeper]

JIRO!
You are doing an assignment on internet lawsuits are you not?
Are you using this material???

[Madame Adequate]

Except, of course, that it's quite common for contracts to be challenged in court even after having been signed because they might not be legal. Whether that should be possible or not isn't relevant because right now it is possible, so simply writing it off as "But he signed the ToU" doesn't cut it (regardless of whether one thinks it should).

It'll be interesting to see whether Pruneyard influences the outcome of this case. The California constitution has been understood by the courts to mean that free speech is protected even in private shopping malls (A decision so radical that the European Court of Human Rights rejected an equivalent case coming from the UK!) I'm not familiar with whether it extends to other private establishments though.

[Raistlin]

There's a difference between political speech, which is incredibly well-defended, and simply profanity. You do not have any protection from just swearing at someone in someone else's property (or via someone else's property in this case). I don't see this guy having any chance at all with his lawsuit. The government even regulates profanity over TV.

[ChaosWolf]

If this guy wins I think he deserves it. He is only trying to milk Sony by taking advantage of his first amendment rights. People get sued over the dumbest crap these days.:)

[Skyblade]

Technically speaking, the First Amendment only protects your speech from being stamped out by the government. Sony can put whatever restrictions it wants to on content crossing its own servers.