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Gamer takes Sony to court over PSN ban for racial and homophobic slurs

Discussion in 'PlayStation Gaming News' started by Zeus, Oct 27, 2009.

By Zeus on Oct 27, 2009 at 9:55 AM
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    Zeus

    Zeus MaxConsole News Team

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    An agoraphobic gamer is taking Sony Computer Entertainment to court after they banned him from the online Playstation Network. The gamer claims Sony is violating his freedom of speech, although he was banned for voicing homophobic and racial slurs to other players online.

    <blockquote>Erik Estavillo claims Sony Computer Entertainment violated his freedom of speech by banning him from an online video game portal, which he claims he uses as a tool to overcome agoraphobia. In videos posted to YouTube, Estavillo can be heard saying racial and homophobic slurs to other online gamers, for which Sony revoked his online access to their network.</blockquote>

    News source: <A href="http://www.fox40.com/news/headlines/ktxl-news-playstation3-1026,0,156635.story" target="_blank">Fox40</A>
     

Comments

Discussion in 'PlayStation Gaming News' started by Zeus, Oct 27, 2009.

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      MadonnaProject

      MadonnaProject Loyal Member

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      The race/sexuality card is so pathetic and things are not going to change.

      Go to any videogaming website and it is basically OK to say "that is so gay" "he is a phaggot".

      Everyone knows black people, especially women, have a thing against gay people in the states because the majory of people for prop 8 were black housewives. This is a race of people who continuously demand freedom of everything because they were "opressed" some 60 years ago.

      Again, who cares.
       
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      CharmedonWB

      CharmedonWB Loyal Member

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      Racial and homophobic slurs would fall under the Hate Crime act and that is against the law. Freedom of speech does not cover hate speech.
       
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      tokitai

      tokitai Loyal Member

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      Well done!!! You don't need to insult anyone... Just ignore them and I don't know why but I can' t sympathize with a racist homofobic...:eek:
       
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      tech3475

      tech3475 Loyal Member

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      If the suer was british I am sure that the BNP would want him/her.
       
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      sirxlaughs

      sirxlaughs Loyal Member

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      It's similar with Live. While you can say what you want in msg, chat, or voice, you can't have anything remotely sexual, racial, etc in your public profile. However, if enough people report you for abuse and such, you can be banned.
       
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      EL_CAD

      EL_CAD Loyal Member

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      Aren't agoraphobics usually female?
       
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      driojas

      driojas Loyal Member

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      The ...this is so gay,"fucking fag", etc etc, just makes me wonder, isn't insulting for no reason,like....overrated?,I mean, you don't know the guy, and if you just use Live, as a medium to insult,then eitheryou're a freaking ignorant redneck, or highpaid rapper(or a poser,and notice that i'm not differing from color),Online insulting just shows how simple minded we can be.
       
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      tokitai

      tokitai Loyal Member

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      Don't know, but he's not the first to claim he's agoraphobic after being banned... read sometimes ago something like that, I think it was some dude being banned ( from Live) and claiming he was agoraphobic and Live was kind' of social tool or something like that...:confused: Good Luck with that...
       
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      Jinx13378

      Jinx13378 Loyal Member

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      You must have some verey boring friends then.
       
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      grapeape

      grapeape Loyal Member

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      What an idiot, freedom of speech does not apply to a private venue. Constitutionally he would be free to start his own hate group in his "home" on PSHome but would be restricted from such activity in the public areas of home for instance...assuming the court applies real world application of protected vs unprotected speech. When joining he had to click to agree to the terms of service...they are clearly stated. Clicking has already been upheld as the equivalent of signing a contract...breach of that contract makes the end users subject to whatever disciplinary action the company deems necessary.


      2. COMMUNITY CODE OF CONDUCT

      When you participate in the PSN online community, you must act reasonably and with common sense. You must respect the rights and privacy of other members of the community and any particular rules applying to any area. In particular, you must not:

      abuse or harass others, including but not limited to stalking or bullying;

      take any action, or upload, post, stream or otherwise transmit any content, language, images or sounds in any forum, communication, public profile, Online ID or otherwise via PSN which we in our sole discretion find offensive or vulgar. This includes any content or communication that we find racially, ethnically, sexually or religiously offensive, defamatory or threatening;
      organise hate groups or use or promote hate speech;

      cheat or engage in deceptive, fraudulent or misleading practices, including phishing for other users' account details or unauthorised use of another user's account or another person's credit card or billing information;

      use any unauthorised hardware or software to access or use PSN or make, or distribute unauthorised software or hardware in conjunction with PSN (including but not limited to cheat code software or devices that circumvent any security features or limitations included on any software or devices);

      modify or attempt to modify the online client, disc, save file, server, client-server communication, or other parts of any game title or other content;

      cause disruption to any account, system, hardware, software, or network connected to PSN for any reason, including to gain an unfair advantage in a game;

      bypass or attempt to bypass any user authentication systems or security feature;

      attempt to hack or reverse engineer any code or equipment in connection with PSN (unless permitted by applicable law);

      take any action that we consider to be disruptive to the normal flow of chat or gameplay, including uploading, posting, streaming or otherwise transmitting unsolicited or unauthorised material, including junk mails, spam, excessive messages or chain letters;

      use PSN in any way for commercial purposes, unless expressly authorised by us (including without limit introducing commercial content or services such as advertisements, solicitations, promotions of goods and services and links to web sites);

      introduce content that could be harmful to us, our licensors or other users, such as any virus, worm, spyware, time bomb or other code that may damage any property or interfere with the use of any content or PSN;

      access, use, post, stream, transmit or distribute any content or material that you know or should have known to be pirated or infringing any third party rights, any law or regulation, or contractual or fiduciary duty;

      impersonate any other person (famous or otherwise), including another user, our employee or employee of any third party company;

      provide us or any third party company with false or inaccurate information, including reporting false complaints to our customer services or providing
      false or inaccurate information during account registration;

      engage in any activity to gain access to or interfere with any unauthorised account, system, hardware, software, or network connected to PSN;

      sell, buy, trade or otherwise transfer your online ID, your personal access to PSN or any content or services accessed via PSN, through any means or method, including use of web auction sites;

      do anything illegal or in breach of applicable laws;

      use PSN in any way that harms us or any of our affiliates, subsidiaries, licensors, service providers, partners or users;

      or otherwise misuse PSN.
       
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      tokitai

      tokitai Loyal Member

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      Well, I won't be lying, we insult each other, but the insults are among
      friends, I don't insult people I don't know or play for the first time with...
      I don't know if a make my point clear???
       
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      tech3475

      tech3475 Loyal Member

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      faceless

      faceless Loyal Member

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      yep, grapeape already nailed it, this guy's case will be thrown out as soon as a judge sees it.
       
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      CharmedonWB

      CharmedonWB Loyal Member

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      Not to mention, hate speech is illegal and is not protected under "Freedom of Speech".
       
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      soulbwoy

      soulbwoy Loyal Member

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      I'm Black and I don't endorse Racial or homophobic slurs but I think the "hate crime act" is unconstitutional and violates freedom of speech. I'm not sure what you mean by "Freedom of speech does not cover hate speech" I hope you don't mean to say that freedom of speech is limited.
       
      Last edited by a moderator: Oct 27, 2009
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      MicroNut

      MicroNut Guest

      The hate crimes act is not unconstitutional.

      Charles Manson is in Jail for a very long time.
      He did nothing but talk... his words killed and destroyed peoples lives.

      Think beyond yourself and learn to empathize with others.
      Or just become another jerk, perpetuating the huge jerk circle...
      Have fun hurting people you have never met if it makes you feel better.
      It just makes you yet another sociopath playing games on-line.
       
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      QrafTee

      QrafTee Loyal Member

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      He should get Jack Thompson to represent him; wouldn't that be an ironic twist?
       
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      soulbwoy

      soulbwoy Loyal Member

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      The hate crime act is unconstitutional because you have to express (freedom of expression) hatred for a race or sexual orientation before you are charged with a hate crime. Another ground for prosecution under this act is the difference in race between defendant and the victim, which makes the law racist.

      Expressing your self or trying to offend someone is far different from instructing people to kill.
       
      Last edited by a moderator: Oct 27, 2009
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      Prime Dragon

      Prime Dragon Loyal Member

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      Hate speech is protected by the constitution.

      It however is not if you waive your 1st amendment right, by agreeing to Sony's contract. It is also not protected by the constitution if you are calling for crimes or violence against other races.

      The hate speech bill is an illegal bill. No law passed can override the constitution it is the higher law, in fact IT IS GOD'S LAW, equivalent to the commandments.
       
      Last edited by a moderator: Oct 27, 2009

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