
A Californian gamer attempted to sue Sony after being banned on the PlayStation Network after "multiple, repeated, intentional violations" of the user agreement. The gamer attempted to sue the multi-million dollar company by saying the ban infringed on his First Amendment right to free speech. The lawsuit failed after the Judge said that the First Amendment is to protect a person from having their right to free speech violated by the US government and not by a private company.
Now, the same gamer is looking to sue Nintendo after a recent firmware update to it's console Wii, blocked the infamous "Homebrew Channel". Apparently this stopped the gamer from accessing the Rosalina character in Mario Kart Wii, something which a normal gamer would require a Super Mario Galaxy save file to unlock. The Californian gamer says that Nintendo is breaching the Declaration of Independence which states that a person should have the right to "life, liberty and the persuit of happiness."
To add to this list of lawsuits, the same gamer is looking to sue Microsoft over his Xbox 360 console getting the dreaded "Red Ring of Death" which Microsoft says would cost $100 to fix, apparently that is $100 the gamer cannot afford to send to repairs. He is suing the also multi-million-dollar company for "the stress put on the plaintiff having to find a way to acquire a new Xbox 360 system and the sadness he will have in the meantime of finding one he can afford."
In terms of costs, the gamer is looking for $75,000 from Microsoft and $5,000 from Nintendo in addition to an injunction which, if won, would prevent Nintendo from making modifications to the console's firmware that would prevent modifications such as the "Homebrew Channel". The suit also states that gaming is "only one of two ways in which he relies on to socialize", as he apparently suffers from depression, obsessive-compulsive disorder, panic disorder, agoraphobia, and Crohn's disease.
[via Gamespot]










I hope they counter sue him. I’m not saying that there probably aren’t any reasons to sue those companies…but this guy just sounds like an idiot.
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Surely Nintendo is violating the Declaration of Independence.
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I totally believe this gamer is going to get legally “pwnd” by the Judge and the companies. I mean as for Nintendo, it’s their Terms of Use, so the same thing that happened with his Sony lawsuit is going to happen to the Nintendo one.
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