lol

Haha, he's fighting a losing battle.

@jRockstar11385:

Points of interest in the Terms and Conditions:

4. WALLET

Wallet funds have no value outside PSN and are not redeemable for cash. Wallet funds can only be used to access content or services from us. PSN wallet funds are not your personal property and cannot be transferred to any other person. Please understand that the PSN wallet is not a bank account and we are not operating as a bank. You will not be entitled to a refund for any unused funds, except where expressly provided by these Conditions – please see under Termination/Cancellation below.

...

11. TERMINATION/CANCELLATION

If we believe that you are in breach of any of these Conditions or any other terms of service or agreements connected with PSN (including any Additional Conditions), we may take all actions to protect our interests, including terminating or suspending your account and your access to all or any part of PSN, including any third party services and online game features, removing content, implementing upgrades or devices intended to discontinue unauthorised use, or other steps as reasonably necessary to protect ourselves and to prevent the unauthorised use of content or unauthorised exploitation of PSN. We will not refund the cost of any purchased content or services, or redeem any unused PSN wallet funds, on termination or suspension of your account for these reasons.

@darknessslayer:

You can't have your rights violated if you sign them away. For the record, skipping the entire Terms of Service section and clicking "I Agree" just to get the account registered faster counts as signing them away.

@darknessslayer:

I would still give him the money that was in his account, to be honest.

well. i lol'd

He was an idiot plain and simple. At the very most I would give him his money back for the points (though he did mess up terms of service so he really doesn't deserve them) but I would never give him a dime for his "suffering". Man up.

I remember reading a bit about this a few days back. He said part of the punitive damages were that losing his PSN access cut off one of his only "safe" means of socializing with others on account of his agoraphobia and whatnot.

Then, when you consider that this guy got banned for excessive swearing and the like, well . . . this is safe socializing, eh?

Also, he plans to represent himself in court. Probably because every lawyer in the state told him that he was retarded for even considering this.

Well done Allamorph. That makes what I was planning to say not carry weight.

The EULA(End User License Agreement) is usually very clear about what is accepted behavior or not. Apparently, this individual did not read the agreement and just hit "I Agree".

To this I say, Idiot.

People claiming freedom of speech on the internet always makes me laugh.

Allamorph summed it up. Heck, even in Home you're not allowed to say bad words there, symbols show up instead.

Let's check a few things first.

1) On the Official Playstation Website, there is a clear message that reads PlayStation®Network and PlayStation®Store subject to terms of use and not available in all countries and languages: see http://uk.playstation.com/terms/. For anyone not stupid, "terms of use" means "the things you have to obey if we let you use this thing we made". Upon visiting the http://uk.playstation.com/terms/ site, one can clearly see that the fourth link, written explicitly in ALL CAPS SO YOU WON'T MISS IT is the PlaystationNetwork Terms of Service.

Once there, under the heading 2. COMMUNITY CODE OF CONDUCT, there is a nice little paragraph made just for this purpose.

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:

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

ii. 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;

iii. organise hate groups or use or promote hate speech;

...

xx. otherwise misuse PSN.

If anything that Mr. Estavillo did was not covered by those first three points, it is certainly covered by that last one.

2) Freedom of Speech means you are allowed to say what you want without fear of the government silencing you. However, if you explicitly agree not to act in a certain manner and then proceed to act in that manner, you have voided this freedom and can no longer claim foul when the people with whom you broke your agreement decide they no longer want you around.