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Mario Kart Wii
Console
Wii
Publisher
Nintendo
Genre
Racing
Developer
Nintendo
Release Date
4/27/08
ESRB Rating
Not Rated
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Posted by:
David Oxford
Senior News Editor
NEWS
Gamer Fails at Suing Sony, Goes After Microsoft and Nintendo Instead
November 19, 2009 | 4:35 PM PST

One lawsuit-happy gamer by the name of Erik Estavillo didn't have much luck when he tried to sue Sony Computer Entertainment America for banning him from the PlayStation Network, so he has instead decided to try his luck against the industry's other two big platform holders.

And at the same time, no less.

Estavillo is suing Microsoft for the Red Ring of Death he experienced on his Xbox 360, stating that he is disabled and cannot afford the "well over $100" fee Microsoft wants for the repair, much less the retail price of a new console. He believes that "Microsoft should have to bear the burden that is now put on the shoulders of this disabled plaintiff."

The damages he seeks amount to $75,000 from the company, thanks to the "undue stress" he has endured since the system broke, as well as the "sadness he will have in the mean time of finding one he can afford."

As for Nintendo, Estavillo claims one of their recent system updates negated the Homebrew Channel, which he used for unlocking characters in Mario Kart Wii. Well, that's a gripe I can relate to, though you don't see me suing anyone over it. However, there's just one thing...

He says that the only way to unlock characters in Mario Kart Wii is to purchase a copy of Super Mario Galaxy, which unlocks a single character, Rosalina, in the former title. "In essence, Nintendo is forcing customers to buy another game to unlock one character in a different game."

One small problem there, champ: Rosalina is indeed unlockable in that fashion (and a good thing, too, or else I'm not sure I'd have anyone unlocked), but there is another way to unlock her. According to GameFAQs (and corroborated by the Super Mario Wiki), she is also unlocked after you "get 1 star in all 8 Mirror Mode Cups."

Despite the fact that I'm pretty sure that Nintendo has made it clear that installing the Homebrew Channel voids your warranty, Estavillo feels that they have interfered with his "pursuit of happiness," and the price he puts on that? $5,000. He is also filing an injunction meant to keep Nintendo from "deleting, blocking or prohibiting the Homebrew Channel and Ocarina applications."

Estavillo says that he suffers from depression, obsessive-compulsive disorder, panic disorder, agoraphobia and Crohn's disease. As such, he claims that these have led to his leaning on video games "heavily" for his happiness. He will also be filing his lawsuit in a state court, which will be "pretty much" identical to the above claims filed yesterday with the U.S. District Court, Northern District of California.
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