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PSN ban lawsuit tossed by judge

Banning people for thwarting user agreement in Resistance: Fall of Man not a violation of First Amendment rights, judge rules.

Ordinarily when a gamer gets banned from an online game or service, that's the end of the discussion. That wasn't the case earlier this year, when one California gamer filed suit against Sony Computer Entertainment following his ban from Resistance: Fall of Man, the PlayStation Network, and its message boards for what the electronics giant called "multiple, repeated, intentional violations" of the user agreement.

Watch your trash talk, kids.

Watch your trash talk, kids.

Claiming that his First Amendment right to free speech had been infringed upon, the banned player had been asking for pain and suffering damages, as well as an injunction preventing Sony from banning other players in the game. Last week, a district court judge dismissed the case, saying that with few exceptions, the First Amendment protects people only from having their right to free speech violated by the government, not from private companies.

The suit also alleged that Sony had in essence stolen from the banned gamer by freezing his PlayStation Network account, complete with funds in his PlayStation Wallet. For its part, Sony said the frozen funds in question were equivalent to about $10, and its offer to return the money in question had been declined. It also noted that its "Terms of Service and User Agreement specifically notes that certain types of behavior can lead to suspension or revocation of the user's Network access and that any such suspension or revocation will lead to the loss of any funds held on the Network."

The judge declined to rule on the second matter, saying with the First Amendment argument dismissed, the remaining allegations would be better argued in state court.

324 Comments

  • Rex980

    Posted Apr 22, 2010 4:19 pm GMT

    What an idiot! Did he realy think he had any chance agains a company like Sony in court.

  • sonichedgehog45

    Posted Apr 13, 2010 6:25 pm GMT

    haha lawsuit fail

  • xDRebound

    Posted Jan 4, 2010 9:25 pm GMT

    This guy has to be the biggest idiot around. I would have to agree with Notebook_holder in saying that it is one the funniest things i have read.
    xD

  • AdamWriter

    Posted Nov 25, 2009 6:08 pm GMT

    I want to see this guy's face so I know what the guy I'm laughing at looks like.

  • RagingSilk

    Posted Nov 25, 2009 6:12 am GMT

    What a loser

  • Flint247

    Posted Nov 22, 2009 7:42 pm GMT

    There may be Freedom of Speech, but there are also consequences.

  • Cein

    Posted Nov 22, 2009 11:21 am GMT

    First of all, the ToS agreement is there to AVOID idiots pulling things like THAT. Has anyone ever actually READ the terms of service for any online console or games? it says specifically that by logging into their game or server you FORFEIT the right to complain, blame them or SUE if you get banned. Because you agree to follow THEIR rules from day one to day X. So by not following the rules IN that agreement it's his own fault he got banned, NOT sony's problem, and certainly not some federal judge's problem.

    About the cash, sure it's B.S. that they get to keep it but again, it's in the ToS, you log in . . . you agree to it . . . that simple *shrugs*

  • PT_FRANK

    Posted Oct 31, 2009 10:32 am GMT

    LOL, i just think is good old fashion funny. Kid with no future playing video games trying to get over.

  • robCROW75

    Posted Oct 6, 2009 1:54 pm GMT

    this guy is on XBL also check out his youtube channel DPM vincint19

  • Sethbeastalan

    Posted Oct 5, 2009 4:40 pm GMT

    Even if free speech also applied to companies, he signed his rights away when he accepted the TOS.

  • facistinabag

    Posted Oct 5, 2009 4:29 pm GMT

    Last time I checked, the internet isn't part of the USA. Free Speech doesn't exist on the internet. You can get banned for talking trash and theirs absolutely nothing you can do about it.

  • Justforfun44

    Posted Oct 5, 2009 2:58 pm GMT

    I experienced pain and suffering from reading about this fool. He should be heavily fined for filing a frivolous lawsuit as a warning to others. Microsoft does the same thing. Just because you can say anything on the internet doesn't mean you can get away with it.

  • meateater79

    Posted Oct 5, 2009 1:05 pm GMT

    Love how the guy wanted to hide behind the 1st Amendment. No doubt he was spewing homophobic and/or anti-Semitic slurs around. Glad to see proof that people actually do get banned for inappropriate behavior. Now I just need to read that Microsoft is doing the same thing.

  • residentzombie2

    Posted Oct 5, 2009 12:45 pm GMT

    He would also have to move as his internet IP address is also banned along with his account. Not sure if your ISP would give you a different IP address.

  • thisisreallybor

    Posted Oct 5, 2009 12:25 pm GMT

    this guy lost more $ taking them to court than buying a 2nd PS3. lolzors

  • Insurgence

    Posted Oct 5, 2009 11:57 am GMT

    Actually, in the US, a defendant does have the ability to sue for legal expenses should they win their lawsuit.

  • residentzombie2

    Posted Oct 5, 2009 7:40 am GMT

    In America's legal system anyone can sue anybody for any reason. This is one of the problem in America - frivolous lawsuits. America has way too many attorneys per capita and there is no penalty if you lose other than being out personal legal fees. If we adopted Europe's system where frivolous case losers pay BOTH their and the defendant's legal expenses, you would see these cut down dramatically.

  • blackwingzero

    Posted Oct 5, 2009 7:34 am GMT

    I can't beleive this. Who is this guy that filled the law suit in the first place? If Sony banned him because of his behaviour online it must have been for a very good reason.

  • califone

    Posted Oct 5, 2009 6:13 am GMT

    How could a lawyer take this case? Sony has an end-user agreement. If you violate that agreement in their space, they have the legal right to deny service to you. It is pretty clear cut.

  • Kubilius

    Posted Oct 5, 2009 5:52 am GMT

    good, finaly kids will gain (be forced) respect to each other. I remember reading about a guy who filed a lawsuit against the government who were reading his mind and selling his thoughts to TV channels, so they make comedy and reality shows from it. Since the law suit was rejected, another was filed, this time against a judge for conspiracy with the government and TV channels USA - land of funny lawsuits!

  • shadowysea07

    Posted Oct 5, 2009 1:12 am GMT

    wow what a complete moron DX. read the user agreement and you'd know you have to follow their rules. you signed your rights away as soon as you hit the i agree button.

  • KaizerJinn

    Posted Oct 4, 2009 11:53 pm GMT

    LMAO!!! WoW... just WoW. made my day. =^D

  • DEWMAN08

    Posted Oct 4, 2009 6:45 pm GMT

    lol.

  • Notebook_holder

    Posted Oct 4, 2009 5:58 pm GMT

    Wow this is one of the funniest things i will probably ever read.

  • ShaunyChaos

    Posted Oct 4, 2009 5:23 pm GMT

    wow. thats just stupid.

  • lowkey254

    Posted Oct 4, 2009 4:59 pm GMT

    just create a new account... it's FREE! Jerk.

  • HerbalVideogame

    Posted Oct 4, 2009 3:23 pm GMT

    What a dork...

  • solidsnakedude1

    Posted Oct 4, 2009 2:39 pm GMT

    if that happened to me i'd just make another account, not cry about it and file a lawsuit

  • Flint247

    Posted Oct 4, 2009 2:34 pm GMT

    Trash talking is a little immature anyways. It can be easily avoided if people don't give in to their anger in games.

  • Last_One_Left

    Posted Oct 4, 2009 12:29 pm GMT

    Now if we could just ban most of the jack-offs on halo. Yea, Im going to get modded for this...

  • IXIWhistIXI

    Posted Oct 4, 2009 11:08 am GMT

    Not being a douche over the internet is hard.

    I hope more sites, forums, and networks begin banning or suspending accounts for repeated violations such as this.

    There's very few enjoyable online forums these days because of kids who spam and/or flame. I'm glad steam forums began infracting people for saying "cool story bro" a few months ago as just about every topic had that posted in it.

  • Sins-of-Mosin

    Posted Oct 4, 2009 7:50 am GMT

    Yet another fool had to learn the hard way that forums aren't regulated by the US Gov.

  • Mr_Tweedy

    Posted Oct 4, 2009 5:31 am GMT

    I hope that moron had to pay Sony's legal bills.

  • Darkness7089

    Posted Oct 3, 2009 11:54 pm GMT

    Follow the rules next time, and try reading that Terms and Agreements you agreed to. Part of it states that they can "terminate user accounts for any or without reason", it says that in EVERY game rule sheet. That means they can do whatever they want and it's legal, that's why you don't piss them off. You cashed in your rights when you bought the device. Trying to get rich quick by suing them only hurt yourself even more. Laugh at whatever you lost in that foolish lawsuit, probably makes your initial losses pale in comparision.

  • WTFitsPauL

    Posted Oct 3, 2009 11:49 pm GMT

    funniest thing i heard today.

  • auron11022

    Posted Oct 3, 2009 9:48 pm GMT

    @neogeo24
    Your tax dollars had nothing to do with this case. That is what court costs are for. Your dollars paid to have the court house built, and that is the only part of this whole case you paid for. That being said, this guy has more dollars than sense for even trying this lawsuit at all.

  • Mickleohb

    Posted Oct 3, 2009 9:47 pm GMT

    Thank god our legal system isn't completely out of whack...

  • 9th_SolBadguy

    Posted Oct 3, 2009 9:29 pm GMT

    serves you right now go and buy a xbox and bash us for what happened to you one less fool to have on the psn

  • eggmcmuff

    Posted Oct 3, 2009 8:22 pm GMT

    Eat one, whiny rich kid.

  • budboarder

    Posted Oct 3, 2009 7:25 pm GMT

    I hope that dude gets banned for life from the PSN

  • jimbo102671

    Posted Oct 3, 2009 5:01 pm GMT

    paraphrasing from various comments:
    "He can create another account."

    Some sites do allow multiple accounts per user. However, if there is a suspension, it's on the user, not the account. These terms often state that if a user uses a different account to bypass a suspension, all of that user's accounts are permanently banned.

    I don't think anyone's touched on this, but don't even think of letting such person use your account. If they find out that user used your account to bypass a suspension, your accounts can be banned along with his. Such a favor is not worth the risk.

  • wiiplay1

    Posted Oct 3, 2009 4:35 pm GMT

    Aw, a mini Jack Thompson! This dude even failed like him too!

  • cjasko94

    Posted Oct 3, 2009 3:55 pm GMT

    But why didn't he just create a new account, and be done with it? And Resistance fall of man c'mon man!!

  • jimbo102671

    Posted Oct 3, 2009 3:23 pm GMT

    Practically no sympathy for the guy. But then again, he did bring it on himself.

    This is just one example of why we all have to deal with the ever-evolving legalese mambo-jumbo called the "End User License Agreement", also (and perhaps better) known as "Terms of Service" or "Terms of Use."

  • TUNEwon

    Posted Oct 3, 2009 2:45 pm GMT

    It's a hard thing to be kicked out of game. I wonder what he was saying? It had to be some kind of verbal train wreck. I promote booting people out of games, If your social skills suck, don't play games that rely on them. Game are to expensive for others to suck out the fun. Typical that this kind of person would come back and sue just out of spite.

  • marcosdlerma

    Posted Oct 3, 2009 2:21 pm GMT

    It's funny how low the human race will go just get a little $ so they won't have to work like some decent Americans. He's probably still a virgin and living with his parents. Pain and suffering damages really? How did this hurt him? From what is he suffering from? @$$hat is correct sir.

  • Kill_ZONE2

    Posted Oct 3, 2009 2:00 pm GMT

    Wow, there sure are alot of retarded people people here in the gaming community

  • lllCamballl

    Posted Oct 3, 2009 12:31 pm GMT

    Sony rocks

  • skullboy950

    Posted Oct 3, 2009 11:01 am GMT

    Imbeciles...

  • TheAcejoel99

    Posted Oct 3, 2009 10:30 am GMT

    why isn't he playing resistance 2? Its way better.

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