A working Xbox 360.
Erik Estavillo recently sued Sony Computer Entertainment America over being banned from the PlayStation Network. That case got thrown out. Now, Erik is back, and this time he’s suing both Microsoft and Nintendo in new lawsuits.
Microsoft is being sued for $75,000 for the “undue stress” that the plaintiff has undergone since a ‘Red Ring of Death’ broke his Xbox 360. Noting that he is disabled, Estavillo explains that he cannot afford to purchase a new console, nor pay the “well over $100” fee to fix his existing one. “Microsoft should have to bear the burden,” says the court document.
Meanwhile, the case against Nintendo is one surrounding a Wii System Update that disabled Estavillo’s Homebrew Channel. Because the only way to unlock a particular character in Mario Kart Wii is to own Super Mario Galaxy, Estavillo has been using the Homebrew Channel to circumvent that requirement.
Now that he can’t achieve this character-unlocking goal, the plaintiff is seeking $5,000 from the house of Mario for obstructing his “pursuit of happiness.” Estavillo is also asking for an injunction to prevent Nintendo from “deleting, blocking or prohibiting the Homebrew Channel and Ocarina applications.”
So why the sue-happy intentions? Estavillo says that he suffers from depression, obsessive-compulsive disorder, panic disorder, agoraphobia and Chron’s disease, which results in his reliance on computer games. Without computer games, that happiness he truly seeks is in jeopardy.
Microsoft is being sued for $75,000 for the “undue stress” that the plaintiff has undergone since a ‘Red Ring of Death’ broke his Xbox 360. Noting that he is disabled, Estavillo explains that he cannot afford to purchase a new console, nor pay the “well over $100” fee to fix his existing one. “Microsoft should have to bear the burden,” says the court document.
Meanwhile, the case against Nintendo is one surrounding a Wii System Update that disabled Estavillo’s Homebrew Channel. Because the only way to unlock a particular character in Mario Kart Wii is to own Super Mario Galaxy, Estavillo has been using the Homebrew Channel to circumvent that requirement.
Now that he can’t achieve this character-unlocking goal, the plaintiff is seeking $5,000 from the house of Mario for obstructing his “pursuit of happiness.” Estavillo is also asking for an injunction to prevent Nintendo from “deleting, blocking or prohibiting the Homebrew Channel and Ocarina applications.”
So why the sue-happy intentions? Estavillo says that he suffers from depression, obsessive-compulsive disorder, panic disorder, agoraphobia and Chron’s disease, which results in his reliance on computer games. Without computer games, that happiness he truly seeks is in jeopardy.
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Comments
Chris 23 Nov 2009 10:52
1/9
What a PIA this guy is, he's the epitamy of compensation culture. Suck it up and get a job Erik!
Dave 23 Nov 2009 11:39
2/9
" chrons disease"
Estavillo
Sitting around on your arse doesnt help the condition. Blaming it on a game and a system is really sad also trying to profit from it is even sader. Look at your lifestyle, probly why your sick.
I ve suffered from chrons for 10 years and people like you make me sick.
Estavillo
Sitting around on your arse doesnt help the condition. Blaming it on a game and a system is really sad also trying to profit from it is even sader. Look at your lifestyle, probly why your sick.
I ve suffered from chrons for 10 years and people like you make me sick.
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realvictory 23 Nov 2009 13:14
3/9
Perhaps he should sue his parents for passing on the genes? In fact he should also sue himself, for encouraging his condition to worsen by playing computer games all day.
Pablo 23 Nov 2009 13:21
4/9
No one on earth is going to feel bad for this guy, when he's asking for such a ridiculous amount of money.
http://www.youtube.com/watch?v=gyeemtS1jII
http://www.youtube.com/watch?v=gyeemtS1jII
DrkStr 23 Nov 2009 13:32
5/9
Sounds like a right git, I bet hes depressed, he won't have any mates.
Daz 23 Nov 2009 14:21
6/9
so he wants money for being stopped from doing something he wasn't suppose to be doing anyway? I think he should add retarded to that impressive of his, sine his Wii was homebrewed I find it hard to believe his story on 360
Mike 24 Nov 2009 05:46
7/9
This guy is a jerk, and everything wrong with us as Americans today. Where the hell did he get this sense of entitlement? I'm not usually one to root for the corporate giants, but this guy needs to be educated on what exactly "Freedom of Speech" and "pursuit of happiness" are, in relation to the constitution.
I'm glad to see that the sacrifices of our forefathers and those in Iraq and around the world right now are being put to good use.
Seeing as he attended UCLA, you would think he would be mildly intelligent. I'm assuming there is a reason that he has to represent himself. My bet is...every attorney he went and talked to knew that this lawsuit would go nowhere, and wouldn't take him on. And seeing that he can't pay the 100 bucks, I assume he doesn't have enough for a retainer.
In all honesty, I hope Sony's attorneys kick the crap out of him, then Sony sues him for cost of court fees. Eventually, people need to learn that the American court system is not for stupid stuff like this, and I think we need to start making examples of people like this.
If he really suffers from all these diseases, I feel sorry for him. But at the same time, he doesn't HAVE to use these things as a social substitute.
I'm glad to see that the sacrifices of our forefathers and those in Iraq and around the world right now are being put to good use.
Seeing as he attended UCLA, you would think he would be mildly intelligent. I'm assuming there is a reason that he has to represent himself. My bet is...every attorney he went and talked to knew that this lawsuit would go nowhere, and wouldn't take him on. And seeing that he can't pay the 100 bucks, I assume he doesn't have enough for a retainer.
In all honesty, I hope Sony's attorneys kick the crap out of him, then Sony sues him for cost of court fees. Eventually, people need to learn that the American court system is not for stupid stuff like this, and I think we need to start making examples of people like this.
If he really suffers from all these diseases, I feel sorry for him. But at the same time, he doesn't HAVE to use these things as a social substitute.
Me 25 Nov 2009 00:37
8/9
Well, the Nintendo case will be thrown out, because there is more than one way to unlock Rosalina, you don't actually have to have Super Mario Galaxy:
Unlocking methods:
1) Score (star) or higher in all cups in Mirror Mode
2) Play 50 Grand Prix Races AND have Super Mario Galaxy save data on your Wii
3) Play 4,950 Grand Prix Races
Someone should have let him know...
Unlocking methods:
1) Score (star) or higher in all cups in Mirror Mode
2) Play 50 Grand Prix Races AND have Super Mario Galaxy save data on your Wii
3) Play 4,950 Grand Prix Races
Someone should have let him know...
Chris 29 Nov 2009 05:17
9/9
This dude has no chance in heck of winning anything. The dude needs to read and then re-read the EULA and the TOS to he'll find that anything he is attempting to sue for are within the repective company's rights and he won't win.