Banned Resistance Gamer Targets MS and NOA in Latest Suits

[Tech Star]

Erik Estavillo, the Resistance: Fall of Man gamer who sued Sony Computer Entertainment America (SCEA) over being banned from the PlayStation Network has targeted the remaining two major console makers in a new lawsuit.

Microsoft Corporation and Nintendo of America are defendants in a federal complaint, which was filed November 18 in the U.S. District Court, Northern District of California.

Microsoft is being sued for a ?red ring of death? affecting the plaintiff?s Xbox 360 console. Estavillo notes that as he is disabled, he cannot afford to pay the ?well over $100? fee to fix the console, nor can he afford to purchase a new one. He feels ?that Microsoft should have to bear the burden that is now put on the shoulders of this disabled plaintiff.?

Estavillo is seeking $75,000 from Microsoft, due to the ?undue stress? he has undergone since the 360 broke and the ?sadness he will have in the mean time of finding one he can afford.?

The same complaint targets Nintendo over a Wii system update. Estavillo claims that update 4.3 disabled his Homebrew Channel, which he used to unlock characters in Mario Kart Wii. Plaintiff states that the only way to unlock characters in Mario Kart Wii is to purchase Super Mario Galaxy, which will unlock a single character in the former title. ?In essence, Nintendo is forcing customers to buy another game to unlock one character in a different game.?

Damages to the tune of $5,000 are sought from Nintendo, for interfering in plaintiff?s ?pursuit of happiness.? An injunction is also being sought to prohibit Nintendo from ?deleting, blocking or prohibiting the Homebrew Channel and Ocarina applications.?

Estavillo says he suffers from depression, obsessive-compulsive disorder, panic disorder, agoraphobia and Crohn?s disease, all of which lead to his leaning on videogames ?heavily? for happiness.

Estavillo plans to file a lawsuit in state court as well, which he wrote will ?pretty much? be identical to the federal suit.

News Source: Game Politics

:laugh:

"Estavillo is seeking $75,000 from Microsoft, due to the ?undue stress?adness he will havethe 360 broke and the ?sadness he will have in the mean time of finding one he can afford.?"

[hjf288]

I hope their legal juggernauts ruin him financially for being such an idiot

[0sit0]

Instead of spending so much money in games and consoles he should go to a psychologist or psychiatrist :blink:

[Donkey88]

$75k because of stress he didn't have a games console? He should be given help not money...

[lothodon]

the bigger picture is not the dementia of the disabled person, but the outright blatant disregard for the legal system the lawyers involved are displaying. they are the ones that should be disbarred and prevented from bringing forward this type of crap.

[MightyJordan]

I hope their legal juggernauts ruin him financially for being such an idiot

Agreed. This guy is just an ignorant greedy git who thinks he can get whatever he wants. Just like all the other idiots who've filed lawsuits like this at either Microsoft, Sony, or Nintendo.

They might as well just shoot anyone who comes out saying they're gonna sue because their console got the RRoD/YLoD/Whatever Wiis display when they're broken. Nice form of Natural Selection there.

[troist]

The judge should just throw out this case... and get the lawyers disbarred... Theres no excuse for such a pathetic case.

[HawkMan]

It would be awesome if MS agreed to pay without a court case, provided the money was set aside only for therapy and a stay at some of those lame anti game addiction clinics. And the judge agreed.

[BoredBozirini]

Disabled kids for the win!

[timster]

he can afford to sue multi-national corporations .. but when it comes to getting an xbox360 repaired, he can't pay $100?

[DirtyLarry Veteran]

he can afford to sue multi-national corporations .. but when it comes to getting an xbox360 repaired, he can't pay $100?

My first though as well, and the only thing I can think of is his lawyer is about as reputable as Lionel Hutz from The Simpsons and the lawyer has agreed to do it pro-bono.

[S00N3R FR3AK]

the bigger picture is not the dementia of the disabled person, but the outright blatant disregard for the legal system the lawyers involved are displaying. they are the ones that should be disbarred and prevented from bringing forward this type of crap.

No they are simply doing their job. No doubt they think this guy is a dumbass but they take a case that gets this much press and it helps their carrer.

[spaceelf]

I may have to start an eye rolling competition on this one. Hah. Awesome.

[Jimmy0]

What. A. Moron.

[Ash]

Estavillo says he suffers from depression, obsessive-compulsive disorder, panic disorder, agoraphobia and Crohn?s disease, all of which lead to his leaning on videogames ?heavily? for happiness.

Well I guess MS & Nintendo will win when he doesn't show up to the big open court with lots of people and a jury. If he shows, he's not agoraphobic, and then hopefully MS & Nintendo will counter-sue for extortion.

Plus if he s THAT bad off, I am sure the judge will throw him into a clinic for serious help, and I doubt they will have Mario Kart there.

[LingeringSoul]

The Nintendo lawsuit in particular seems like a dead giveaway of this guy's true intentions. He bought a game in order to unlock characters in another game (contrary to what he said, this appears to be unnecessary), and for that reason he's suing for $5000? This guy is out for a quick buck, and I somehow doubt that he truly suffers from all of those conditions. I'd be willing to believe that he suffers from depression, but not the rest of them.

[Solid Knight]

His Nintendo law suit won't go through because the basis of his suit is incorrect.

Here's how you unlock Rosalina: "Have a Super Mario Galaxy savefile and she will be unlocked after 50 races or get 1 star in all 8 Mirror Mode Cups"

Note the use of "or" as in you can unlock her by having Super Mario Galaxy and perform fifty races OR by getting one start in all eight mirror mode cups.