Ok, I think I found it. If this is the incident, and if this is Erik and for real, I can see why he got banned. He's not agoraphobic, he's freaking crazy.

Ok, I watched it all the way through and it appears Erik was kicked out of Resistance twice by a mod. Erik then threw a tantrum and purposely antagonized the other gamers and mods as he filmed it on YouTube so he would be kicked again. What a douchebag asshole

Originally posted by Torik

Originally posted by RamenThief7

Originally posted by Torik

I've read the filing and it does not seem to argue its case that well.  It tends to put too much emphasis on points that are secondary and skim over things that raise legal concerns.

One of his major assertion is that Sony should not be moderating its own servers and should just let the players self-moderate through the use of mute and ignore functions.  I really do not see how a judge would limit a company's ability to police it's forums in such a way.

At the same time he does not make much fuss about the fact that Sony is not refunding his money or it is extending its ban beyond the forum where the actual incident took place. 

It seems to me that the lawsuit is written more as an outrage at the insult Sony has given him rather than focusing on the overall enforceability of EULA/ToS contracts and bad practices on the part of Sony.

Good point. Also, there's that point mentioning how he has mental conditions, and how he needed the PS3 to socialize because he had agoraphobia (the fear of going outside your protective "home"). This point won't really work because once again, Erik was playing with privately owned property, where Sony makes the rules and he doesn't. I believe this point was created to try to get the jury to sympathize with him and thus win the jury over to his cause. Hopefully, the jury has enough brains to know the rules of the 1st amendment and how it doesn't validly apply to private property.

I am not that familar with how the US courts handle the judge vs jury trial decision (I am Canadian).  Would the jury even hear that argument if the judge rules that it has no legal merit?

If it were to come up in front of the jury and the judge at that time decides it lacks merit, he will instruct the jurors to disregard that area of the suit.
 

Originally posted by Zorvan

As we have all at one time or another pointed out to idiots proclaiming their "freedom of speech" has been denied on these forums, you have no constitutional right to free speech on private property, whether you be on a forum or in my living room when I kick your ass out for saying something I don't like.

This moron needs to be counter-sued for filing a frivolous lawsuit and should be demanded to pay all of Sony's court/attorney expanses ( can you imagine how much just ONE of their lawyers cost, not to mention the twenty or so they'll throw at this moron? ). Sony will own his great-great-grandchildren's paychecks. lol

I agree with Zorvan 100%.  But like someone else said, this is America.

I've read the filing document, and it's very poorly done.

I suspect ol' Erik did a self-filing and didn't use legal representation. Further evidence of his utter stupidity.
 

Originally posted by miropovo

Ok, I think I found it. If this is the incident, and if this is Erik and for real, I can see why he got banned. He's not agoraphobic, he's freaking crazy.

Ok, I watched it all the way through and it appears Erik was kicked out of Resistance twice by a mod. Erik then threw a tantrum and purposely antagonized the other gamers and mods as he filmed it on YouTube so he would be kicked again. What a douchebag asshole

The best part is he 1.) states his dad is a "big time lawyer", yet in the suit he represents himself and 2.) he states that he's sending the youtube vid to Sony as proof against their mods, which just saved Sony having to download the vid itself for use against him in court.

The lamefuck is killing his own case everytime he opens his mouth. lol

Originally posted by miropovo

Ok, I think I found it. If this is the incident, and if this is Erik and for real, I can see why he got banned. He's not agoraphobic, he's freaking crazy.

Ok, I watched it all the way through and it appears Erik was kicked out of Resistance twice by a mod. Erik then threw a tantrum and purposely antagonized the other gamers and mods as he filmed it on YouTube so he would be kicked again. What a douchebag asshole

Oh yes, let a jury in court see this......

Originally posted by miropovo

Ok, I think I found it. If this is the incident, and if this is Erik and for real, I can see why he got banned. He's not agoraphobic, he's freaking crazy.

Ok, I watched it all the way through and it appears Erik was kicked out of Resistance twice by a mod. Erik then threw a tantrum and purposely antagonized the other gamers and mods as he filmed it on YouTube so he would be kicked again. What a douchebag asshole

Oh my god...Good find!  This guy is way off the wall..No wonder he got Ban Hammer..LOL  This guy just blew his case....

I Originally posted by miropovo

Ok, I think I found it. If this is the incident, and if this is Erik and for real, I can see why he got banned. He's not agoraphobic, he's freaking crazy.

Ok, I watched it all the way through and it appears Erik was kicked out of Resistance twice by a mod. Erik then threw a tantrum and purposely antagonized the other gamers and mods as he filmed it on YouTube so he would be kicked again. What a douchebag asshole

I saw the phone call video and the being banned by a moderator. He seriously got some nerves. So we have the transcript of how he got banned and stuff, but what does this relate to the forums? There are only two videos that show what's going on.

Originally posted by hoopty

Originally posted by miropovo

Ok, I think I found it. If this is the incident, and if this is Erik and for real, I can see why he got banned. He's not agoraphobic, he's freaking crazy.

Ok, I watched it all the way through and it appears Erik was kicked out of Resistance twice by a mod. Erik then threw a tantrum and purposely antagonized the other gamers and mods as he filmed it on YouTube so he would be kicked again. What a douchebag asshole

 

Oh my god...Good find!  This guy is way off the wall..No wonder he got Ban Hammer..LOL  This guy just blew his case....

I hope they allow cameras in the courtroom. i want to see this prick's face when he tells the judge "I have freedom of speech, you faggot!!".

Originally posted by hoopty

Originally posted by miropovo

Ok, I think I found it. If this is the incident, and if this is Erik and for real, I can see why he got banned. He's not agoraphobic, he's freaking crazy.

Ok, I watched it all the way through and it appears Erik was kicked out of Resistance twice by a mod. Erik then threw a tantrum and purposely antagonized the other gamers and mods as he filmed it on YouTube so he would be kicked again. What a douchebag asshole

 

Oh my god...Good find!  This guy is way off the wall..No wonder he got Ban Hammer..LOL  This guy just blew his case....

A real laugh is that he demands a jury trial in the filing.

Yeah......so he bashes gays about evey 15 seconds in that video, and in CA, how many of those potential jurors would likely be gay?

This guy gives idiots a bad name.

Originally posted by Hammertime1

Originally posted by miropovo

Ok, I think I found it. If this is the incident, and if this is Erik and for real, I can see why he got banned. He's not agoraphobic, he's freaking crazy.

Ok, I watched it all the way through and it appears Erik was kicked out of Resistance twice by a mod. Erik then threw a tantrum and purposely antagonized the other gamers and mods as he filmed it on YouTube so he would be kicked again. What a douchebag asshole

 

Oh yes, let a jury in court see this......

Ok, well it might not be the right incident. Another of this guy's videos shows a conversation between him and Sony. He gives his name as Michael Davidson and a different phone number that's listed on the filing.

Originally posted by XboxOmac

I Originally posted by miropovo

Ok, I think I found it. If this is the incident, and if this is Erik and for real, I can see why he got banned. He's not agoraphobic, he's freaking crazy.

Ok, I watched it all the way through and it appears Erik was kicked out of Resistance twice by a mod. Erik then threw a tantrum and purposely antagonized the other gamers and mods as he filmed it on YouTube so he would be kicked again. What a douchebag asshole

 

I saw the phone call video and the being banned by a moderator. He seriously got some nerves. So we have the transcript of how he got banned and stuff, but what does this relate to the forums? There are only two videos that show what's going on.

Yes, but if those two videos are of Erik himself, well, lets just say that he now has zero chance whatsoever of winnning. He might've had a very slight chance of winning since he would bring up the aspect of chargeback and moderation possibly going wrong, but the video I just saw proves otherwise. I can't even think the jury would feel sorry for the guy's mental conditions, he'll just look like a gamer gone way too far into the deep end.

Edit Part: This is assuming of course that those two videos were of Erik himself.

 If anything, he should be put in jail for verbal harrassment lawl

Originally posted by Zorvan

Originally posted by hoopty

Originally posted by miropovo

Ok, I think I found it. If this is the incident, and if this is Erik and for real, I can see why he got banned. He's not agoraphobic, he's freaking crazy.

Ok, I watched it all the way through and it appears Erik was kicked out of Resistance twice by a mod. Erik then threw a tantrum and purposely antagonized the other gamers and mods as he filmed it on YouTube so he would be kicked again. What a douchebag asshole

 

Oh my god...Good find!  This guy is way off the wall..No wonder he got Ban Hammer..LOL  This guy just blew his case....

 

I hope they allow cameras in the courtroom. i want to see this prick's face when he tells the judge "I have freedom of speech, you faggot!!".

I like front row seat..The Judge will probably throw the book at him for slander and recording phone conversation with out the person knowing until the last minute..My god this person show no respect to any of the players..Then has the gall to give out his  number..What a waco...

Originally posted by hoopty

Originally posted by Zorvan

Originally posted by hoopty

Originally posted by miropovo

Ok, I think I found it. If this is the incident, and if this is Erik and for real, I can see why he got banned. He's not agoraphobic, he's freaking crazy.

Ok, I watched it all the way through and it appears Erik was kicked out of Resistance twice by a mod. Erik then threw a tantrum and purposely antagonized the other gamers and mods as he filmed it on YouTube so he would be kicked again. What a douchebag asshole

 

Oh my god...Good find!  This guy is way off the wall..No wonder he got Ban Hammer..LOL  This guy just blew his case....

 

I hope they allow cameras in the courtroom. i want to see this prick's face when he tells the judge "I have freedom of speech, you faggot!!".

 

I like front row seat..The Judge will probably throw the book at him for slander and recording phone conversation with out the person knowing until the last minute..My god this person show no respect to any of the players..Then has the gall to give out his  number..What a waco...

I surprised that  those videos and the link to the filing document with his phone number haven't found their way to the various gay/bi/transgender forums, where the results would be nasty for Erik. 

He's lost it all with those videos as proof. I was wondering for someone to download those videos he put from Youtube just in case the court asks for the videos and he hides them, then goes and takes them off from Youtube. I definitely want him to lose.

Originally posted by hoopty

Originally posted by XboxOmac

Originally posted by Cyborg99

Sony should counter-sue him and make him and his family starve, that'll teach him for being such an rtard.  Also whoever thought of free speach should be sued, it's the dumbest idea ever.

 

Exactly! As everyone (mostly)  has been saying, free speech doesn't work on Private Property.

 

Hope you dont go to a Private car company to get your Car..I would love to be there once your car has all the problems in the world..So much for free speech huh? However if its a Private Business and cash exchange hands..Thats another story...

Their once was a story about Capitalism and free market. Everything was going good until the bra-burning hippie democrats that cry about their rights being violated took down the big corporations. Now we have to go to the bread line to get are food under are great Communist Obama society. Morale of the story: private companies can do whatever they want, if you like their ethics and products you'll buy from them, if you don't then you won't buy from them. You don't have any rights with a private company and that's the way it should be. Don't go burning your bra and crying about free speech, just don't buy from Sony any more.
 

Originally posted by Cyborg99

 just don't buy from Sony any more.
 

Well I don't think anyone is stopping.

Originally posted by RamenThief7

Originally posted by Gyrus

...

The Wiki link was just to refute Goldknyht's assertion that EULAs are 100% binding.

It is exactly that crap that prevents people standing up for their rights.

 

As I said, I don't think he will win entirely.  But if he can even get his money back for the unused credit that will be an important victory.

Why? 

Because it will force game companies to actually consider carefully these 'bans' that they hand out.
Refunding money costs money.
So, you can bet that Moderators and GMs will be told to have a bloody good reason to hand out a ban (with proof!) before they do so.

That helps us all. 

I have no problem with appropriate bans.  But banning a customer from the use of all your products based on an agreement contained in one of them is pretty dodgy.
And banning a customer from the use of a product based on something that happened in a complimentary service (like a forum) is very dodgy.
Then refusing to refund the customer for his unused credit...???

There are a lot of issues and implications here too.  Online registration of games is becoming popular as an example.
Imagine if a few years from now you were unable to register a game because you had a disagreement with a moody Moderator in an Off Topic Forum?

There's just a problem with that thought Gyrus. Sony's forums, online content, and games are all private owned property. The first amendment is not valid when you are dealing with private owned property. So if the guy decided to act like an asshat, Sony has every right to get rid of him, because after all, Sony owns this private property. Sony makes the rules, and the guy decided to break them. 

The chargeback aspect is a challenging thought however, one that the guy could possibly win.

Your moderator thought is a scary one indeed. In the end, though, Sony can trace what these moderators do. If they realize the moderators are abusive, you can count on someone losing his/her job.

You need to read the thread. 

The First Amendment part of the claim is BS.  I said that from the beginning.  The other parts might not be though.
In fact - you are basically agreeing with me and what I have said using other words.

Originally posted by Gyrus

Originally posted by RamenThief7

Originally posted by Gyrus

...

 

It is exactly that crap that prevents people standing up for their rights.

 

 

You need to read the thread. 

The First Amendment part of the claim is BS.  I said that from the beginning.  The other parts might not be though.
In fact - you are basically agreeing with me and what I have said using other words.

Gyrus...it's a private company, they don't have to give you anything and they can treat you however they want. You can't tell a business how to run it's company. Private industry is great because they don't have to listen to people like you.  Also you don't deserve rights just because the constitution says so. 

Back on topic though, that guy agreed to the EULA and he has no rights, end of story.