View Full Version : Man sues console makers, Blizzard; Subpoenas Gates, Wynona Ryder and Depeche Mode.

12-17-2009, 08:02 AM
I'm sure many have already heard about the exploits of 'professional plaintiff', Erik Estavillo.

In his first case in June, he filed a suit alleging that his banning from PSN was a violation of his free speech. (http://gamepolitics.com/2009/07/21/lawsuit-banned-resistance-player-alleges-sony-violated-free-speech-and-stole-his-money)

This case was dismissed, but he has since filed another suit against Sony, seeking $180,000. (http://gamepolitics.com/2009/12/02/rappers-subpoenaed-estavillo-suit)

Then, in November, he filed a joint complaint against both Microsoft and Nintendo. In his complaint against Microsoft, he alleges that he cannot afford the repair fee for his RROD'd 360 (yet can afford all three major consoles, and file court cases), and that he will suffer undue stress due to the loss of his console, and is seeking $75,000. He has also subpoenaed Bill Gates (http://gamepolitics.com/2009/11/30/microsoft%E2%80%99s-gates-subpoenaed-rrod-suit) to appear in relation to this case.

In his complaint against Nintendo, he claims that the console maker is interfering in his 'pursuit of happiness', and is seeking an injuction against the banning of the Homebrew channel and Ocarina applications.

And, in what he has said is his last ever suit, he is seeking $1,000,000 (yes, that's right, one million dollars) from Blizzard for 'sneaky and deceitful practices', and subpoenaed both Wynona Ryder and Depeche Mode's Martin Lee Gore. (http://gamepolitics.com/2009/11/24/winona-ryder-depeche-mode-factor-wow-lawsuit)

In his defence, Mr. Estavillo claims that he relies on video games for much of his entertainment due to his suffering of OCD, Agoraphobia, Panic Disorder, major depression and Crohn’s Disease.


Ctrl Alt Del
12-17-2009, 08:27 AM
Another twisted case created by North American law abnormalities?

12-17-2009, 11:35 AM
I would think that any sensible judge would laugh this guy right out of th courtroom
I mean I'm no lawyer but his claims sound ridiculous at best and completely assinine at worst. I can't imagine this guy has any legal precedent or footing to stand on.

12-17-2009, 12:29 PM
A bad combo of the entitlement mentality and the very definition of frivilous lawsuit. Guess he figures that the legal system is a form of lottery ticket. :rolleyes:

12-17-2009, 12:48 PM
Looks to me like a cry for attention mixed with money-grabbing compensation-culture induced simple greed.

If he was 'unfairly banned', is that not an issue between himself and whichever company appoints the moderators/controls the servers or whatever? That would be my interpretation, rather than going straight to the courts squealing breach of rights. Anyone at all familiar with the law knows that freedom of speech is normally limited anyway (thus the actions for defamation in tort), and I note very carefully that nothing was mentioned about why precisely he was banned, just that it was 'unfair' (a subjective term if ever there was one), and a 'violation of free speech' - which to me points to some horrid or profane behaviour on his part. Perhaps he should have read the provisions of his licence agreement more carefully? I'm pretty sure they usually contain plenty of carefully drafted clauses on limitations of service in cases of abuse or nastiness.

Having Winona Ryder called in to testify on the content of 'The Catcher in the Rye' was simply hilarious. One would have thought that if this was genuine, and not some frivolous attempt to catch the public eye, a Professor of American Literature may have been more useful than an actress...

Darth Avlectus
12-17-2009, 06:44 PM
What the hell? Man, this is like suing a prostitute AFTER a gig just b/c she wasn't absolutely perfect in bed.

So far as agoraphobia, man get out once in a while and learn to interact with people in the real world. Plus obsessive game playing is an isolation and contributory to depression in the long term.

Too much time on this one's hands, not busy enough.

12-17-2009, 06:54 PM
He won't get anywhere with his suit against the console makers. First off being a private business with all kinds of lovely wording in the EULA which states that they can terminate your account for any reason whatsoever, he's SOL. And not being able to repair the RROD. well I think they should fix those things for free. It's faulty design. But the Wii? Come on. He violated the requirements of a game and expects to be compensated when the company fixes what he broke?

12-17-2009, 07:22 PM
Agoraphobia? The fear of people?

Anyways, this is ridiculous. Even though I myself don't get out often, suing gaming companies because they don't please you well enough is just wrong. Whatever tiny grains of dust that was left of my faith in humanity has now been vaporized.

12-17-2009, 08:37 PM
Hilarious and sad at the same time. Someone take pity on him and relive him of his sad and wretched life. Seriously, I would rather die a hundred times over than be given his mind. :p

What did Earth do to deserve having to carry scum like that? I feel sorry for it.

Darth Avlectus
12-17-2009, 09:51 PM
I wonder if he's also the guy who made the "Yelling at cats" video and sent it to ebaum's world in 2006. (--Which can be looked up on YT by now!)

12-18-2009, 09:19 AM
This guy knows how to push all the buttons to frustrate people that's for sure...other than that, I doubt he contributes anything to society.