What would you do if you got kicked off of Sony's PlayStation Network for griefing and harassing other gamers on a constant basis? Well, one thing you can't do is nerd rage and sue the pants off of Sony for the 'theft' of online purchases and call the First Amendment, as a Californian Judge recently threw one Erik Estavillo out on his ear for challenging his PSN ban.
While Sony's defence was more akin to "Are You Serious?" and "WTF? First Amendment LOL" (in not so many words), Judge Whyte of the North District of California took a different tack in his refusal of Estavillo's case. Contemplating the concept of a "company town" - a corporate-built community that emulate functions of a real town or city - Judge Whyte concluded that "the Network does not serve a substantial portion of a municipality's functions, [and Home] "spaces" serve solely to enrich the entertainment services on Sony's private network."
In other words, the First Amendment can't apply because the PSN is a private accommodation. We wonder if Facebook can use the same argument in reaction to Jack Thompson's litigation against it? Either way, it's a sad day for PSN griefers the world over, indeed.
While Sony's defence was more akin to "Are You Serious?" and "WTF? First Amendment LOL" (in not so many words), Judge Whyte of the North District of California took a different tack in his refusal of Estavillo's case. Contemplating the concept of a "company town" - a corporate-built community that emulate functions of a real town or city - Judge Whyte concluded that "the Network does not serve a substantial portion of a municipality's functions, [and Home] "spaces" serve solely to enrich the entertainment services on Sony's private network."
In other words, the First Amendment can't apply because the PSN is a private accommodation. We wonder if Facebook can use the same argument in reaction to Jack Thompson's litigation against it? Either way, it's a sad day for PSN griefers the world over, indeed.
Companies:
Sony
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