Tuesday, 27 October 2009

Vincent19 is at it again.

The gamer who tried to sue Sony after he was banned from the PSN for persistently using racist/homophobic language, is to mount an appeal against a federal court's outright dismissal of his case

In addition, Erik Estavillo’s filed a further suit against Sony, this time claiming a whopping $180,000 in damages. It’s unclear what makes Estavillo, who chooses not to be represented by a lawyer, think that his new case is any less likely to be dismissed or why the amount he's claiming for has more than trebled, but he has announced plans to cite the mute feature included in most Network games as evidence that his ban was unlawful.

His argument is that if anyone doesn’t want to hear him spouting racial and homophobic abuse then they can simply mute him. It’s an incredibly weak argument in two respects. First, by the time someone’s muted him, they’ve already been subjected to his crap. Second, it completely disregards the reason his first case was thrown out – that the PSN is a privately owned platform where the constitutional right to freedom of speech does not apply. We know some of the things he was banned for saying. We’re not going to repeat them but trust us, Sony was absolutely right.

If Estavillo’s cases do go to court, which we’re pretty confident they won’t, he plans to wear a bright purple suit in honour of his favourite character from Mortal Kombat vs DC Universe, The Joker. We’ll keep you posted as and when this story gets even sillier…

news is he has finally fucked off to XBL on the XBOX360 where i'm sure he'll feel right at home.

14 comments:

  1. Loved this =D!

    I wanna sue sony! but itd be for me having paid £400 for a now paperweight >.<

    ReplyDelete
  2. just think of the new sexy PS3slim that'll replace it.

    did you have a back-up of all your stuff?

    i do mine once a month, after being bitten before and having to redownload and install tons of stuff. tedious.

    ReplyDelete
  3. Sadly I hadn't backed up any of it, so just hoping that with the new PS3 i can pop in my old HD and it works straight off the bat (hoping).

    ReplyDelete
  4. @John - I think you'll need to backup your old drive somehow before putting it in your new PS3. When you swap out the HD on a PS3, it will format the one you put in, removing all the contents on it.

    ReplyDelete
  5. I still think we need to call for a voting system to electrocute a gamer who's being an arse - Estavillo gets muted by three people then autoZAP!

    That'll learn him

    ReplyDelete
  6. Yep JS, be careful with that HD, back it up with a PC first. Not even sure then it'll be easy to restore as the image won't be a backup, maybe ask Sony what will happen?

    ReplyDelete
  7. John: Do you know anybody locally with a "Phat" PS3 console that won't mind you swapping-out their hard drive for your own? If you do, you could backup the contents from their console to an external drive just in case, and then swap the drives back again. Then plonk your own hard drive in an external USB case to convert it to a standalone unit & wait for Santa to deliver a new machine.

    PS. Your broken unit is not useless now... give it a month or so & you may welcome a designer fan heater for your house.


    Back to the story...

    Why the heck did this guy have a third of the claimed 180,000 USDs in his PlayStation Wallet?

    I haven't spent anywhere near that amount & I've bought a fair amount of stuff over the years!

    And yes, if he doesn't like his black console he should have bought one where everybody is the same colour; just different shades of green depending on how the failure rate on a weekly basis.

    PS. He is aware that The Joker's name is not known? I'm sure everybody hearing this story could supply a name for him if asked.

    BFN,

    fp.

    ReplyDelete
  8. "...depending on how the failure rate on a weekly basis."

    Sometimes I wonder if English is my first (and only) language!

    Please read:
    "...depending on the failure rate on a weekly basis."

    Sheesh!

    Not liking the word "how" doesn't make me a racist against Red Indians (Native Americans, Redneck Americans, or whatever we're supposed to say these days) though.

    (I do know, however, that if I was planning to take on Sony in Court I wouldn't be representing myself!)

    BFN,

    fp.

    ReplyDelete
  9. @Pages

    Showcasing my lack of knowledge regarding popping HD's between multiple PS3's so forgive me! but...

    I was under the impression that hot swapping an HD from one PS3 to another wasn't possible as an "alien" HD from anoher console would immediately suffer the automatic "would you like to format this drive" doodah.

    Or is this just the case between "different" series PS3's i.e. Phat to Slim?

    ReplyDelete
  10. @John you're right - it won't help you to put your HDD in someone else's PS3 in an attempt to back it up - the PS3 will try to format the HDD that's been swapped in.

    ReplyDelete
  11. DOOOOOMED!!!!!!

    Ah well screw it then...I can redownload my puirchases off PSN as they should all be linked to my user account....which coincidentally I can't even remember the bloody password too!!!!

    ReplyDelete
  12. At least THAT's easily recoverable:

    1. Log out of the PLAYSTATION® Network.
    2. Try to log back in using the "Sign-In" button located underneath the Friends section on the XMB.
    3. Scroll down and click, "Forgot your password?"
    4. A new screen should open and enter the date of birth you used to sign up for the PLAYSTATION® Network.
    5. Once that is complete, you will be prompted to enter the answer to your security question you picked during registration for the PLAYSTATION® Network. This answer is CAPS specific so if your answer is actually "PlayStation" and you enter "playstation" it will not work. Also, make sure that when you enter the answer an extra space is not added to the answer.
    6. After this, you should be able to enter a new password and log back on. Make sure you write down your password this time so you don't have to do it again! :]

    You just have to remember the answer to your secret question! Can I guess what the answer is? Is it Sausages with Onion Gravy?

    ReplyDelete
  13. Oh, actually that's the answer to my own secret question. (With the question being, "What did I have for dinner last Tuesday?, of course).

    ReplyDelete
  14. Hmmm... y'all may be right about the "hot-swapping"... but it must be possible as I'm sure we would have heard a few sob stories from PS3 owners who had to get refurbished machines via the "Continuous Play" (Domestic & General) insurance policy scheme.

    I'm guessing you can always opt to deny the re-format if prompted though.

    Maybe I should do a "quick" [ha ha... tried it once... it wasn't quick) backup of my 60Gb drive just in case of... no... I'm not even going to think it!

    I'm off to download the "Elvira Game Pack" for "Pain" (before the recent employee layoffs of half the development team mean I cannot get it any longer).

    Think yourself lucky, John. You don't have to juggle the lack of space on your 60Gb machine every Thursday now!

    BFN,

    fp.

    ReplyDelete