A gamer in San Jose, California has had enough of being jerked around by vicious video game companies and is suing to have his rights restored – although things aren’t going well so far. His lawsuit against the PlayStation Network has been thrown out so, following the obvious line of recourse, he’s set his sights on Microsoft and Nintendo instead!
The story so far finds the plaintiff banned from using PSN for blatant disregard of user agreement policies and multiple offenses while playing online. No word on exactly what those offenses were, but I’m sure we all have a few ideas, since most gamers know the dos and don’ts of online play. As a result of his banishment, the gamer sued PSN for $55,000 and all of the virtual-points he had purchased on his account. He also asked the judge to create an injunction that would no longer allow PSN to ban players from their network, for any reason, claiming the ban restricted his right to freedom of speech. The judge found PSN and the SCEA innocent of any offense, essentially upholding that PSN has the right to run their business as they see fit.
The angry ex-PSN user is now in the process of simultaneously suing Microsoft and Nintendo for damages that have impeded his pursuit of happiness. That’s right folks, this gamer has gone patriotic, even quoting the Declaration of Independence in court to get $75,000 from his gaming publisher abusers. The plaintiff is suing Microsoft for the failure of his Xbox 360 system, as it displayed the “red ring of death,” and had to be replaced. In addition, he’s suing Nintendo for a recent update that disables unauthorized third party programs on the Wii. According to an article on GameSpot, the plaintiff is specifically angry about losing the ability to play as Princess Rosalina in Mario Kart Wii - and who wouldn’t be?
This fellow-gamer relies heavily on his systems for happiness and interaction – according to the lawsuit against Microsoft he suffers from “agoraphobia, depression, obsessive-compulsive disorder, panic disorder, and Crohn’s disease.” The lawsuit also states that his interactions on Xbox Live are “one of only two ways he relies on to socialize”.
It’s unfortunate when we hear stories like this. When gaming becomes a true obsession rather than entertainment – a normal hobby. It makes you wonder how much danger we are in when playing games, what are we missing out on? Normally, I’d say I’m fine with my video-game hobby, that it doesn’t affect my life negatively, but I spent eight hours playing Assassin’s Creed 2 on Saturday trying to capture every feather and glyph in the game – isn’t that a little crazy too?
Gamers like the plaintiff in this story give the gaming industry a bad name. In some people’s eyes, if you’re playing on Xbox Live you might as well be building a meth lab: gaming, the gateway drug to other social disorders. We have to rely on each other and our own willpower to keep our hobby relevant and safe.
I won’t lecture all of you, and I’m certainly not saying healthy video-game playing isn’t great, but let’s all think carefully about how much time we want to spend driving a virtual-kart as Princess Rosalina and how much time we want to spend with our real, flesh and blood, friends.
What are your thoughts on the lawsuits? A gamer gone too far or a valiant fight against tyranny?
Source: GameSpot
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Jayzus!
the government and sony should sue him and ban him from gaming
I think it’s one gamer trying to exploit a legal system that allows him too. I’d be surprised if he’s successful in winning the lawsuits, especially the one citing the Declaration as its argument.
I think he is trying to get money out of them because he got caughtand instead of saying you got me is trying to see very PATHETIC!!!!
It’s an interesting story to hear though – a good reality check for us as gamers to take a step back and realize how emotionally caught up in an entertainment medium people actually get.
Obviously, we’re all passionate about them but to think you can actually attack publishers for the way they choose to run their business, when you’ve violated numerous legal agreements, is a waste of time in already over-saturated legal system.
I for one am happy they can ban people from gaming networks. It does get a little old every time you enter the lobby of a game and hear nothing but racial, ethnic, and sexist slurs thrown around. Ive come to the conclusion that people that play halo 3 are the most homophobic ive ever been around. Obviously i’m not saying every one that plays it is that way, but i have met my fair share. I say keep up the good work at sony and microsoft, if people cant follow the rules than kick’em out.
I agree 100% with supernaturalfan… Hopefully they ban and/or catch em all. Whoever this guy is should move out of his moms house already. I could withstand trash talk and all but sometimes it just gets out of hand. Oh and the screaming when you get mad because your losing… Get some ice, cool down and breathe people… Its a game, i didn’t actually kill you i killed the character you were using.
I can’t believe anyone can wonder why things cost so much and healthcare costs so much when every idiot like this can sue anyone for anything. Even if they lose, the companies have to waste a lot of time and money on these morons. There is a website, whocanisue.com. ‘Nuff said…
@ Ken J
We should partner up for a business venture – a site where users can list any expensive items or servies that they’ve purchased or utilized. Then our site will search a user-updated database full of pending litigation against doctors, manufactorers, etc. that users can fatten their pockets by piggy-backing off of…
I’m shocked, in our sue-happy culture, that there isn’t already something like that.
lol Ben & Ken,
It’s terribly sad, but harshly true.
These other two proceedings will be tossed out like the PSN one and buddy can go back to trolling the chatrooms.
This guy’s lawyer should be disbarred for wasting the courts time.
@Ben
Actually, there are services like that. Maybe not an all-encompassing one, but everytime a big class-action suit is being built up, they do have websites and phone operators waiting for people to phone in or register that they can be part of the suit…
All of my friends have turn zombies. My PS3 is all that is left for me … (distant cry)
Why haven’t this kids parents slapped him and sent him to the yard to dig a hole? Agoraphobia my ass.
That poor poor soul. No one should have to suffer the pain that he suffers on a day to day basis mostly due to the Gaming Industry Oppressors!
We should make a facebook group about this travesty. That should rattle some cages!
Go Get’em Gamer!
You’re a King among men!
A Beacon of hope!
A Shining example of all that is true and just in a world filled with the dark oozing stench of tyranny and hate!
…
In all seriousness though, the gaming industry should’ve let him win that money cause they’re probably just gonna get it all back when he uses it to buy more stuff on PSN and XBox Live.
I wouldn’t say dunking 8 hours into Assassin’s Creed 2 is bad, as long as it isn’t something you do everyday. The occasional indulgence of your hobby is not a bad thing. If you had said you sat down for 8 hours to read a good book, nobody would find a problem with that, or atleast not as much as a video game and both are entertaining and stimulating activites for the mind.
I think it’s a shame that loving a game is considered bad even among gamers. I say great that you donated that time, Assassins’s Creed 2 is a mighty fine game, and deserving of that kind of focus. I say if you like doing it, do it, as long as it doesn’t interfere with your work or paying the bills and necessities, you don’t really have a problem.