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Banned PSN player takes aim at Microsoft, Nintendo

Gamer appeals tossing of case against Sony, files new suit against Microsoft over red ring failure, Nintendo for disabling homebrew channel.

In September, a federal judge dismissed a First Amendment lawsuit brought against Sony by a disgruntled gamer who had been banned from the PlayStation Network. Undeterred, that gamer appealed the decision last month, and this week filed a new suit against Microsoft and Nintendo; this one bypassing the Bill of Rights and instead citing the Declaration of Independence.

The only pursuit Mario is interested in is the pursuit of big air.

The only pursuit Mario is interested in is the pursuit of big air.

In the suit, the San Jose, California, gamer takes exception to a recent Nintendo Wii system update that disables access to unauthorized third-party programs like the Homebrew Channel. Specifically, the plaintiff is upset about losing the ability to use a program that would unlock the character Rosalina in Mario Kart Wii. Ordinarily, a player would need to have a Super Mario Galaxy save file on the system in order to unlock that character.

"In federal terms, the plaintiff who relies heavily on video games for happiness, would like the federal court to decide if Nintendo is interfering with certain player's pursuit of happiness, which is stated in the United States Declaration of Independence," the suit states, "where Benjamin Franklin was in agreement with Thomas Jefferson in downplaying the protection of 'property' as a goal of government, replacing the idea with 'happiness.'"

The suit then states the Declaration of Independence was adopted on July 4, 1776, and quotes the portion dealing with the unalienable rights to "life, liberty, and the pursuit of happiness."

As for the Microsoft portion of the suit, the gamer had an Xbox 360 system suffer the "red ring of death" failure, and he claims he can't afford the $100 fee Microsoft would charge him to fix it. The suit claims the plaintiff's 360 is "only one of two ways in which he relies on to socialize," as he suffers from depression, obsessive-compulsive disorder, panic disorder, agoraphobia, and Crohn's disease.

The gamer is asking for $75,000 from Microsoft due to "the stress put on the plaintiff having to find a way to acquire a new Xbox 360 system and the sadness he will have in the meantime of finding one he can afford." As for Nintendo, the plaintiff wants $5,000 for interfering with his pursuit of happiness and an injunction preventing Nintendo from blocking access to the Homebrew Channel or the program he used to unlock Mario Kart Wii characters.

1214 Comments

  • RaaaJon

    Posted Dec 21, 2009 11:27 am GMT

    lmao... who quotes Thomas Jefferson when suing video game companies for happiness?

  • spirit7someguy

    Posted Dec 3, 2009 7:49 pm GMT

    O_O well this is certainly turning into a hate speach flood... Am I the only one here who thinks we should respect different cultures and mentalities?

  • Irikron

    Posted Nov 30, 2009 11:43 pm GMT

    This is why non-gamers stay as non-gamers.

  • TheSergeant

    Posted Nov 30, 2009 8:31 pm GMT

    Stories like this make me lose faith in mankind.

  • D3A7HJ0K3R

    Posted Nov 30, 2009 8:12 am GMT

    His balls dropped off a long time ago. All he needs to do is get laid and he'll be happy for a good time.

  • D3A7HJ0K3R

    Posted Nov 30, 2009 8:11 am GMT

    He relies on a Wii for happiness? Damn dude Wiis suck, it always makes me NOT HAPPY when I play it and realize my hopes were brought up for nothing. Maybe that's why he's sueing?

  • ruines131

    Posted Nov 29, 2009 5:57 pm GMT

    There is no possible way that this kid should get 80,000$. He didn't need to buy the game console (nor did he need to relie on gameing for happines), so the jugde should have him thrown out as soon as possible.

  • FFJunkies

    Posted Nov 29, 2009 12:12 pm GMT

    "only one of two ways in which he relies on to socialize," as he suffers from depression, obsessive-compulsive disorder, panic disorder, agoraphobia, and Crohn's disease. And I thought I was bad HAHA

    People are seriously degrading the term of being a "gamer" to new levels. But I'm a proud gamer that know's from right and wrong and abide to law as much as possible, and gaming doesnt make me less sociable, depressed or criminally insane...

    I texted 2 best friends and they have not replied yet..... *twitches* they are great...... *twitchesx2* yeeeeaaaaah!!!

  • kiraburu

    Posted Nov 27, 2009 8:05 am GMT

    W-T-F....

  • AlphaCommando

    Posted Nov 27, 2009 6:10 am GMT

    It's people like this that make us gamers look bad in the news.

  • Tornado_Volcano

    Posted Nov 26, 2009 11:02 am GMT

    I know that Microsoft's RROD is a kick in the head but saying that he can't afford Microsoft's 100 $ fee but can make lawsuits for 3 huge companies, is simply pure hipocrisy.

  • travisstaggs

    Posted Nov 25, 2009 10:49 pm GMT

    This guy is a complete idiot.

  • clintbrew

    Posted Nov 25, 2009 3:48 pm GMT

    is this the sam guy who was also suing world of warcraft 4 being 15 quid a month in a another newsheadline he was also from san jose

  • GameAddictz

    Posted Nov 25, 2009 5:17 am GMT

    lame........

  • Dreamer_shawn

    Posted Nov 25, 2009 4:57 am GMT

    You don't need to have a Super Mario Galaxy save to unlock Rosalina, you just need to get a one-star rank or better in every cup in the game. It's a shame this fool didn't do any basic research before he went sue happy.

  • kejigoto

    Posted Nov 24, 2009 1:40 pm GMT

    His cases will get thrown out simply because he is going from one place to another looking to sue for some quick cash.

    Perhaps he could afford a new 360 (Microsoft already settled the issues with the RROD) if he wasn't constantly filing for lawsuits and having to pay for a lawyer and all the court fees involved with filing cases.

    I've got 20 bucks that says he has modded his 360 as well, which is why he can't get Microsoft to fix it for free... Like everyone else does when and if they ever get hit with the RROD.

  • ewilder

    Posted Nov 24, 2009 11:51 am GMT

    I wanna know where this kid's lawyer went to school. The Declaration of Independence is NOT BINDING LAW on any state or the federal government. If this jack-ass lawyer actually flies a complaint alleging that the Nintendo and Microsoft have violated his right to pursue happiness under the Declaration, then Nintendo's lawyers will have it dismissed for failure to state a cause of action so fast it'll make this kid's head spin!

  • Warghost2k

    Posted Nov 24, 2009 11:24 am GMT

    This guy is a tool. An idiotic crybaby who is wasting taxpayers' money by taking a stab at getting paid for these frivolous law suits. First off, I want to know WHY he was banned from the PS Network. Does anyone know? I have a feeling his "gimme, gimme" attitude probably made him a lot of enemies and his insistence that everyone owes him something didn't help either. Also, just because he has mental problems and ADHD doesn't mean he cannot find another console. Hey idiot, they are $125 used at Gamestop, you're welcome! Besides, how can this fool have enough money to initiate all of these lawsuits if he can't even pay for a used Xbox360? And if the problem is that he's too ugly or fat to go outside without being ashamed and therefore cannot buy a console at a store, he needs to have his mommy buy it for him. My question is: if he is so ashamed of himself that he feels he cannot be seen in public, how could he testify before the Supreme Court and receive national media coverage? Bottom line is, this guy really needs to play with a toy besides a console. Like, maybe....guns!

  • Mjwick

    Posted Nov 24, 2009 10:59 am GMT

    This guy could really use a life...

  • cyberslik

    Posted Nov 24, 2009 7:17 am GMT

    @ beprice3
    1.i wasnt singling u out,if feeelin important is so important to you.
    2.am not supporting the guy,and trying to point out the fact that u guys dnt see too far into the future.so one day 'we' all try and sue a game corp for a good reason and juditiary presidence kicks in and kicks out the case cause gamers r always 'that way'.yes, his method is wrong even if he suffers all that,n yes i agree games dont cure anything but they help cope with somethings(not cure).the world isnt black n white.

  • robzidious

    Posted Nov 24, 2009 6:23 am GMT

    Ha! Someone made a comic about it. http://imnotbob.com/?p=128

  • wooooode

    Posted Nov 24, 2009 2:32 am GMT

    Homebrew is not licensed so he will lose that and waste money, while RROD has a case already he can piggyback that.

  • Evil_Robo

    Posted Nov 24, 2009 12:13 am GMT

    To be honest, i'd like him to win the case against MS. Their consoles still break down, and i'd like to see them punished one way or another. And if he wins then you can bet many others will sue.

  • XanderZane

    Posted Nov 23, 2009 11:41 pm GMT

    I see more cases being dismissed in this guys future. I'm surprised any lawer would take a case like this. I know they want some money, but the judge will throw all these cases out the window.

  • Pablo620

    Posted Nov 23, 2009 10:07 pm GMT

    OMG this guy needs to be stopped. He is the gamer equivalent of Jack Thompson

  • LqdSnk

    Posted Nov 23, 2009 8:58 pm GMT

    I kept reading it, and the further I got I started to think this was some kind of gag. Now I just wish I had my time back.

  • iucidium

    Posted Nov 23, 2009 8:37 pm GMT

    I hope he wins, it would be funny!

  • HonorOfGod

    Posted Nov 23, 2009 8:20 pm GMT

    imagine if he wins...

  • Flint247

    Posted Nov 23, 2009 7:26 pm GMT

    The true "Epic Fail" in Gaming History is this story...

  • b_ux

    Posted Nov 23, 2009 7:02 pm GMT

    Somehow this reminds me of the visually impaired player who decided to sue Sony.

  • SLjimbolian

    Posted Nov 23, 2009 6:24 pm GMT

    Here's a kicker: if he claims to have agoraphobia, doesn't he realize he'll have to present his case in a public setting? Also, I believe he is NOT being represented by an attorney.

  • skullboy950

    Posted Nov 23, 2009 5:40 pm GMT

    This guy is a complete, utter, uncouth, hilarious idiot. He will be shunned by gamers everywhere once this is done and over with.

  • Depresso posted Nov 23, 2009 5:22 pm GMT (does not meet display criteria. sign in to show)

    Depresso

    Posted Nov 23, 2009 5:22 pm GMT (hide)

    The guys is a genius !

  • D3A7HJ0K3R

    Posted Nov 23, 2009 3:49 pm GMT

    The lawyers should sue for wasting their time and resources for people that actually need them. What this guy needs is 15 months of therapy + any amount of pills it will take to speed it up. Seriously, i watched 2012 and thought the world will end when people like him drain our court system to dust.

  • UnrealPro

    Posted Nov 23, 2009 3:43 pm GMT

    It's funny how he says he can't afford the $100 for a replacement Xbox 360, yet he apparently has the funds to take this crap to court. What a joke...

  • Doctor-McNinja

    Posted Nov 23, 2009 3:25 pm GMT

    Did his lawyers do any reserve whatsoever before filing this case?

  • jtthegame316

    Posted Nov 23, 2009 3:03 pm GMT

    what microsoft fix the red ring for free what is this guy on about. lol of course nintendo are gonna lock out parite home brew channels what does he expect lol this guy is stupid.

  • Twissie

    Posted Nov 23, 2009 2:57 pm GMT

    This guy is probably depressed because he stays in playing games all bloody day.
    He can't afford a new Xbox but he owns a PS3 and Wii also, thats two more than me.

  • demeanor

    Posted Nov 23, 2009 2:46 pm GMT

    He should be a stripper...alot easier to make some cold hard cash!

  • ryane25_rem

    Posted Nov 23, 2009 2:16 pm GMT

    Wow is this for real. If this is serious I think I could sue my ex on the same basis preventing my pursuit of happiness. What a joke.

  • oms93

    Posted Nov 23, 2009 2:11 pm GMT

    loool this guy is too cool man

    he's a joker

  • thedemon44

    Posted Nov 23, 2009 1:56 pm GMT

    I save my sympathy for those who deserve it. This guy... I think he would be better suited to becoming cat food.

  • Takeno456

    Posted Nov 23, 2009 1:37 pm GMT

    This is the biggest load of BS I have herd in a very long time. I mean seriously WTF!?!?

  • howlingmage

    Posted Nov 23, 2009 1:04 pm GMT

    I wonder how old he is

  • hajjjustin

    Posted Nov 23, 2009 12:48 pm GMT

    hahaha this guy is nuts

  • dapman418

    Posted Nov 23, 2009 12:15 pm GMT

    this is stupid x3

  • D3A7HJ0K3R

    Posted Nov 23, 2009 11:59 am GMT

    The pursuit of happiness has one word that this douche didnt understand: PURSUIT. It means to work for happiness and last I checked, sueing because your the dumbest person alive doesn't make it a pursuit, it makes a joke just like this guy.

  • Syphofighter

    Posted Nov 23, 2009 11:12 am GMT

    All fears can be cured, why doesnt this guy try fixing his!

  • PixelAddict

    Posted Nov 23, 2009 11:04 am GMT

    I want to sue this guy because he is taking away my "happiness" just by reading about his stoopid antics.

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