Ever wondered why lawyers get a bad rap? Because we get blamed when guys like this file lawsuits (though Mr. Estavillo is apparently going this pro se against the likes of Activision/Blizzard Entertainment). Mr. Estavillo is a serial technology litigant, in that he has sued Sony, Nintendo, and Microsoft for other injuries sustained as the result of being banned, not being able to run hacked software, and broken equipment, respectively. In the most recent case against Activision, Mr. Estavillo is apparently complaining that World of Warcraft has alienated him from society. I didn’t learn about that tort when I was in law school, but perhaps this case will help get it in the Restatement (Fourth) of Torts.
His expert witness on this topic is the song writer from Depeche Mode, Martin Gore. I’m sure Mr. Gore is quite knowledgeable about alienation – the court need only listen to one or two tracks from any number of his Depeche Mode hits to be convinced.
At least Mr. Estavillo knows to go where the money is, in suing large and profitable companies like Activision/Blizzard. He might amend his complaint to also sue society for alienating him, but I understand that society is broke, what, with the recession and that stimulus package, and all that. I’m sure this will be a bang up case. I hope that somebody posts it to youtube.