Sony sued over PSN Banhammer

[Queasy]

Game Politics - The player (who suffers from a host of problems from Crohn's Disease to Agoraphobia) is suing to get his rights to PSN and the PSN forums and $55k in punitive damages.

The plaintiff was exercising his First Amendment Rights to Freedom of Speech in the game's public forum when he was banned from, not only [Resistance], but also banned from playing all other games online via the PlayStation Network...

Reading the lawsuit, it sounds like he was swearing up a sh!tstorm playing Resistance and got banned.

It's kind of funny that someone that has a fear of crowds can go online on a crowded server and swear/talk so much that they get banned.

<- Will have to start watching his language on Suzuka during Forza 2 night now.

 

[purbeast0]

I dont know for certain but I would assume when he signed up for his account he agreed to some TOS that would toss this right out since I'm sure he clearly violated it.

 

[erwos]

Freedom of speech doesn't apply in a private setting. I can expel you from my house if I don't like what you're saying. Same concept. Not sure what dumb lawyer decided to take this one on, but he's wasting his time.

 

[Krakn3Dfx]

I play L4D with this dude on Steam that cusses like 20 sailors. It's awesome.

Since I was raised properly and don't feel the need to express all of my feelings through expletives, I kind of live vicariously through him.

 

[sactoking]

*I am not an attorney*

It appears as though plaintiff is filing on his own behalf and does not yet have representation. If so he is a moron.

He contends that the ban is a violation of his 1st Amendment rights as that the Sony forum is a public forum. That is wrong. It is a private forum.

He also contends that since the game is rated M but there is no verification of the age of the user, the TOS are invalid.

He also contends that the Moderators that banned him are unnecessary since people can mute or ignore anyone they find offensive.

The language and format of the complaint are very pedestrian and in some cases wrong. It smacks of someone who does not have legal counsel.

Hell, he'd have a better case if he contended that the medical conditions he suffers from constitute a disability and he is protected under ADA. Since he didn't make that claim he's a fool.

 

[Baked]

He should played on Live, they don't have rules about being a civilized or decent human being.

 

[Sadaiyappan]

Bastard. Seems like Sony will easily win this case BUT if you are a gamer why would you try to rip off a gaming company? He should respect them and support them.

 

[A Casual Fitz]

Originally posted by: Krakn3Dfx
I play L4D with this dude on Steam that cusses like 20 sailors. It's awesome.

Since I was raised properly and don't feel the need to express all of my feelings through expletives, I kind of live vicariously through him.

Heh I'm just like you in that sense and it's hilarious hearing some people swear so casually.

 

[Drako]

Originally posted by: Baked
He should played on Live, they don't have rules about being a civilized or decent human being.

LOL, wat?

 

[Queasy]

Originally posted by: Baked
He should played on Live, they don't have rules about being a civilized or decent human being.

Actually, they do. The list of banned words, phrases, and actions is quite extensive.

 

[biggestmuff]

Originally posted by: Baked
He should played on Live, they don't have rules about being a civilized or decent human being.

Trolling and talking out of your ass again, huh?

 

[mmntech]

Just the tip of the iceberg. Just wait until those proposed anti-cyberbullying laws get passed.

This case doesn't have a leg to stand on. He signed the TOS and the First Amendment does not apply to private situations, only between government and citizen. Just another idiot bum who thinks he's going to win the lottery. Still, it wouldn't shock me if he wins. It would certainly set a bad precedent.

 

[mugs]

Originally posted by: Queasy

Originally posted by: Baked
He should played on Live, they don't have rules about being a civilized or decent human being.

Actually, they do. The list of banned words, phrases, and actions is quite extensive.

I file a complaint whenever I hear someone throwing around "n*ggers." Not because it emotionally traumatizes me to hear the word, but because I think kids need to learn that the things they say may have real consequences, even if they think they're anonymous.

However since they added the party chat option I almost never use the regular in-game chat, so I rarely hear what anyone else says (except when they kill me in Halo)

 

[Industrial]

Originally posted by: Queasy

Originally posted by: Baked
He should played on Live, they don't have rules about being a civilized or decent human being.

Actually, they do. The list of banned words, phrases, and actions is quite extensive.

am I the only one that thought he was just being sarcastic? gave me a quick chuckle.


anyways, didn't someone already try to sue MS for being banned and lost (of course)?

 

[pontifex]

Originally posted by: Queasy
Game Politics - The player (who suffers from a host of problems from Crohn's Disease to Agoraphobia) is suing to get his rights to PSN and the PSN forums and $55k in punitive damages.

The plaintiff was exercising his First Amendment Rights to Freedom of Speech in the game's public forum when he was banned from, not only [Resistance], but also banned from playing all other games online via the PlayStation Network...

Reading the lawsuit, it sounds like he was swearing up a sh!tstorm playing Resistance and got banned.

It's kind of funny that someone that has a fear of crowds can go online on a crowded server and swear/talk so much that they get banned.

<- Will have to start watching his language on Suzuka during Forza 2 night now.

so um...how does a fear of crowds apply when sitting in your living room by yourself?

 

[Ackmed]

Originally posted by: Queasy

Originally posted by: Baked
He should played on Live, they don't have rules about being a civilized or decent human being.

Actually, they do. The list of banned words, phrases, and actions is quite extensive.

Yet, little kids (young teens) go on there and cuss all day long. Call you every name in the book, and taunt all the time. I mute everyone, its not worth it. Sadly, unless you play with friends, you rarely get any coordination, because of muting idiots.

Originally posted by: pontifex
so um...how does a fear of crowds apply when sitting in your living room by yourself?

He is linking that he has a fear of crowds, and plays with a crowd of people so to speak. At least Im assuming so.

Queasy: DAMMIT! I freaking hit edit on your post instead of Quote. I'm sorry Ackmed. That was freaking amazingly stupid of me to do.

 

[Queasy]

Originally posted by: Ackmed

Originally posted by: pontifex
so um...how does a fear of crowds apply when sitting in your living room by yourself?

He is linking that he has a fear of crowds, and plays with a crowd of people so to speak. At least Im assuming so.

Pretty much. It isn't exactly the same situation but it is an funny contrast that plays into the anti-social gamer stereotype.

 

[Queasy]

Originally posted by: Ackmed

Originally posted by: Queasy

Originally posted by: Baked
He should played on Live, they don't have rules about being a civilized or decent human being.

Actually, they do. The list of banned words, phrases, and actions is quite extensive.

Yet, little kids (young teens) go on there and cuss all day long. Call you every name in the book, and taunt all the time. I mute everyone, its not worth it. Sadly, unless you play with friends, you rarely get any coordination, because of muting idiots.

I do the same. I'll mute them and/or report them depending on how bad they get. Honestly though, I've had more problems with the high school age sounding teens and college age sounding teens than the early teens (13-15) as far as just being offensive buttmunches.

 

[Piuc2020]

Anonymity and physical safety removes all inhibitions from people, it's like being drunk... only worse.

That is why I don't particularly like online gaming all that much.

 

[FuryofFive]

Originally posted by: Piuc2020
Anonymity and physical safety removes all inhibitions from people, it's like being drunk... only worse.

That is why I don't particularly like online gaming all that much.

its typically a console thing. the only thing i dread when i turn on my ps3/360...

its like for every 10 idiots on the ps3/360 there is maybe 1 on the pc. i guess its expected to be a jerk on the console..but look at the price point of entry. 360 is $200..when an entry level pc is maybe at the least $500+

i hope this kid doesnt win.. there is no reason to swear at people online. even with Anonymity.what it is is a lack of respect for other's. Like others have said. lack of reprecussion's makes people do some stupid shit.

 

[purbeast0]

Originally posted by: FuryofFive

Originally posted by: Piuc2020
Anonymity and physical safety removes all inhibitions from people, it's like being drunk... only worse.

That is why I don't particularly like online gaming all that much.

its typically a console thing. the only thing i dread when i turn on my ps3/360...

its like for every 10 idiots on the ps3/360 there is maybe 1 on the pc. i guess its expected to be a jerk on the console..but look at the price point of entry. 360 is $200..when an entry level pc is maybe at the least $500+

i hope this kid doesnt win.. there is no reason to swear at people online. even with Anonymity.what it is is a lack of respect for other's. Like others have said. lack of reprecussion's makes people do some stupid shit.

after playing sf4 on all 3 versions, i'm going to have to disagree with you on that comment. there are just as many idiots on PC as there are on xbox360 and ps3, if not more. i've had people send bad messages after i beat em on PC, talk shit into their mic, and had like 6 or so people ragequit mid match out of about 210 matches on PC, which is a high % compared to what i've seen on xbox360 (played probably 3k matches and have only had at max 10 people disconnect on me).

 

[ShawnD1]

Originally posted by: pontifex

Originally posted by: Queasy
It's kind of funny that someone that has a fear of crowds can go online on a crowded server and swear/talk so much that they get banned.[/b]

<- Will have to start watching his language on Suzuka during Forza 2 night now.

so um...how does a fear of crowds apply when sitting in your living room by yourself?

I was thinking the same thing. World of Warcraft is basically a game of 10 million angry loners. Full disclosure: I'm one of them.

its typically a console thing. the only thing i dread when i turn on my ps3/360..

It's because it's all done through voice. If every wise and beautiful woman on xbox had to type out swears every time they wanted to rant, there wouldn't be a problem. With a microphone, kids can call me a niger without even taking their hands off the controls. Even worse is that reporting them is more of an inconvenience to myself than it is to them. I need to go through this entire process of complaining, and absolutely nothing happens.

 

[FuryofFive]

well..consider the game.and how many fighting games the PC has. I think in my experience playing PC FPS games(CS 1.6/CSS/TF2/UT2004 and so on)
I'm not gonna sit here and say that we dont have jerks playin the game. im just saying, people carry themselves better on the PC..mainly because we have more control over who does what. if you get out of line, you'll get banned quicker than this kid. Heck if you do things that arent generally respected in the game, you'll get banned, as an example.

Call of duty 4's martyrdom. we hate this in the pc, most server's will ban you, however playing on the ps3.seems 4 out of 5 people use it

 

[Ackmed]

Originally posted by: Piuc2020
Anonymity and physical safety removes all inhibitions from people, it's like being drunk... only worse.

That is why I don't particularly like online gaming all that much.

Its funny, because people wouldnt say such things irl. Back in the day, I played Tribes way, way too much. There were a few people on our forums that talked trashed, insulted people and such. Went to a Tribes lan, and saw the guy who called me all sorts of names, said he would crush me, etc. We got there, hes some puny wimp, who wouldnt even talk to me. I didnt carry a grudge, and wasnt upset anymore. I find it humorous that people are scared irl, and take it out over the internet to talk trash and act big.

Im too old for that trash now, which is why I mute everyone. Im sure I miss some good coordination with people, but Ill take that over having to hear some idiots.

Originally posted by: purbeast0


after playing sf4 on all 3 versions, i'm going to have to disagree with you on that comment. there are just as many idiots on PC as there are on xbox360 and ps3, if not more. i've had people send bad messages after i beat em on PC, talk shit into their mic, and had like 6 or so people ragequit mid match out of about 210 matches on PC, which is a high % compared to what i've seen on xbox360 (played probably 3k matches and have only had at max 10 people disconnect on me).

Maybe, but with consoles its so much easier to talk to each other. So it happens more often there, imo.

 

[FuryofFive]

RE: to purbeast

I have SF4 for the PS3, i have yet to encounter anyone swearing/trash talking. if thats any consolation? maybe 50+ matches. maybe more i dont keep track