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A First Amendment Right to Play Online Games?

By Robert J. Ambrogi

A California man who suffers from agoraphobia is suing Sony after it banned him from participating in multiplayer games on its PlayStation Network. The man, Erik Estavillo, claims Sony has violated his right to free speech by removing his only form of socialization. He is asking the federal court to issue an injunction preventing Sony from banning him and to award him monetary damages of $55,000. His complaint alleges: Sony Computer Entertainment America has caused pain and suffering to an already disabled plaintiff, whom suffers from Obsessive-Compulsive Disorder, Panic Disorder, Major Depression, and Crohn's Disease. The pain and suffering was caused by the defendant, Sony, banning the plaintiff's account on the PlayStation 3 Network, in which the plaintiff relies on to socialize with other people, since it's the only way the plaintiff can truly socialize since he also suffers from Agoraphobia. Think it sounds like a frivolous lawsuit? Think again, says Annie Lin, a lawyer who is director of licensing at The Rights Workshop. Writing at VentureBeat, she says she initially considered the suit meritless. On further thought, however, she says there may be at least a colorable basis for the case and that it could have even broader implications...

Full post as published by Legal Blog Watch on July 23, 2009 (boomark / email).