After being banned from Sony's PlayStation Network during a game of Resistance: Fall of Man, a San Jose, California gamer sued the electronics giant, alleging a violation of his First Amendment rights. That case was dismissed in September, but the plaintiff was undeterred. In addition to filing in an appeal in that case, earlier this month he filed a new suit against Microsoft and Nintendo. In that case, he alleged that a broken Xbox 360 caused him undue stress, and that a Wii system update blocking access to the Homebrew Channel third-party program interfered with his inalienable right to pursue happiness.

Are the normal World of Warcraft fees any worse than those of the World of Warcraft Visa card?

With the big-three platform holders accounted for, the same plaintiff is now turning his attention to largest third-party publisher. The gamer, Erik Estavillo, provided GameSpot with copies of his latest civil suit, a case against Activision Blizzard filed this morning in the Santa Clara County Superior Court of California. A court clerk confirmed for GameSpot that the suit had been filed.

The suit comprises a handful of complaints against Activision Blizzard, specifically relating to the company's successful massively multiplayer online role-playing game, World of Warcraft. Specifically, the gamer accuses the publisher of maintaining a "harmful virtual environment" with "sneaky and deceitful practices."

He first takes exception to the game's $14.99 monthly subscription fee, calling it the highest of any MMORPG. He contends the fee is aggravated by the game requiring players to travel great distances at a slow walking or running pace, with fast travel options like teleportation stones and mounts only available to gamers who rise to an advanced level or purchase the game's expansion packs.

He also cited the game's resurrection process, in which players travel in spirit from cemeteries back to the spots where they died in order to revive themselves, as an unnecessary part of the game designed to cost gamers money. Other fees at issue include the charges (up to $25) Blizzard levies to change their characters' names, races, factions, or servers.

Beyond the monetary complaints, the suit also references the 2001 suicide of an EverQuest player, attributing it to a sense of alienation related to the game and mental health problems. The suit goes on to say the plaintiff has suffered from similar problems, including major depression, obsessive compulsive disorder, panic disorder, and Crohn's disease, and he "doesn't want to end up like [the EverQuest player] did as he relies on video games heavily for the little ongoing happiness he can achieve in this life, via the gaming medium."

In addition to the suit, the plaintiff also wants a pair of celebrities to attest to the effects of alienation. The gamer is subpoenaing Depeche Mode's Martin Lee Gore "since he himself has been known to be sad, lonely, and alienated, as can be seen in the songs he writes." He is also calling Winona Ryder to testify, saying the actress' appreciation for Catcher in the Rye will make her a relevant witness "to how alienation in the book can tie to alienation in real live [sic]/video games such as World of Warcraft."

The gamer is asking for $1 million in punitive damages and a court order forcing Activision Blizzard to address the problems alleged in the suit. As of press time, representatives with Activision and Blizzard had not returned GameSpot's requests for comment.

Nintendo told GameSpot last week that it would be adding notable Virtual Console omissions Super Mario Kart, Pilotwings, and Super Smash Bros. to its classic game service this holiday. Super Mario Kart is set to lead off the cavalcade of classics, and gamers can now pick up the Mushroom Kingdom-themed racer for 800 Wii points ($8).

Elsewhere on the Wii's online shop, gamers can now find A Boy and His Blob: Trouble on Blobolonia. With the well-received rebirth out last month, the original A Boy and His Blob appeared on the NES and can be revisited for 500 Wii points ($5).

Aksys Games' Bit.Trip series sees a new installment released through WiiWare this week for 600 Wii points ($6). Bit.Trip Void continues the rhythm mechanics seen in Beat and Core, but this time allowing for free movement as gamers attempt to match the beat by touching like-colored blocks. Natsume's Harvest Moon: My Little Shop also makes its way to WiiWare this week for 1,200 Wii points ($12), as does Gevo Entertainment's Little Tournament Over Yonder ($8) and Lexis Numerique's Learning With the PooYoos: Episode 1 ($5).

Mario will have to win this one without a blue shell.

Nintendo's DSiWare Shop also remains busy this week. Gameloft's Castle of Magic can be picked up for 500 DSi points ($5), while Nnooo's myNotebook: Blue runs for 200 DSi points ($2). Nintendo also has five new Electoplankton installments on tap, each carrying a 200 DSi-point ($2) price tag.

While it isn't exactly game specific, adhocParty is perhaps the most noteworthy addition to Sony's PlayStation Network this week. The service allows PSP gamers with a PlayStation 3 to play some Ad Hoc mode games online through the console's Internet connection. Games thus far announced to use the feature are Capcom's Monster Hunter Freedom Unite and Polyphony Digital's Gran Turismo PSP.

Downloadable games, of course, are represented this week, as well. PopCap's ubiquitous puzzler Peggle makes its way to the PlayStation Store for $9.99. The game includes 55 levels and 75 challenges, as well as a variety of multiplayer modes. Gamers looking for even more Peggle can also pick up the Nights expansion for $4.99. Peggle Nights offers 60 additional levels and challenges set in ethereal environments.

If there's anything that can get Modern Warfare 2 out of gamers' PS3s, it's Peggle.

Two new PSOne classics are now available through the PSN Store. Originally released to glowing praise in 1998, Resident Evil 2 sees Leon Kennedy and Claire Redfield picking their way through the zombie-infested Raccoon City and can be purchased for $5.99. Another classic from days gone by, Legacy of Kain: Soul Reaver from current Tomb Raider developer Crystal Dynamics is available for $5.99.

With Assassin's Creed II skulking onto the Xbox 360 and PS3 this week, the PSP-exclusive Assassin's Creed: Bloodlines worked its way to both retail and Sony's online storefront. Bloodlines picks back up with Altair shortly after the conclusion of the original Assassin's Creed and is available for $39.99. New PSP Minis additions this week are D-Cube Planet and Circles for $3.99 and Echoes for $2.99.

For a full list of new demos, add-ons, and wallpaper themes included in the weekly update, check out Sony's official PlayStation blog.

With the Wii's momentum rapidly evaporating, Nintendo is looking at new ways to market its console to the so-called "Blue Ocean" of non-gamers. According to the Wall Street Journal, tomorrow the Japanese game giant will announce a partnership with the Sports Authority chain of athletic retailers. Starting next spring, the 450-store chain will begin offering Wii consoles along with Nintendo's Wii Fit Plus alongside the weights, treadmills, and other real-world workout equipment it usually offers.

Future home of a Wii fitness-game section.

The Sports Authority reportedly took six months to negotiate the deal with Nintendo, but company president David Campisi told the Journal the effort was worth it. Said the executive, "It's taken us a long time to get to the finish line, but what we came up with was the idea to not just launch a product, because it's not a new product, but to view the Wii Fit Plus as an opportunity to shift the paradigm and shake up the treadmill and sporting-goods business."

Despite the deal with Nintendo, the Sports Authority won't offer first-party games exclusively. Other titles it will stock include Jillian Michaels' Fitness Ultimatum 2010, with the titular trainer and Biggest Loser host being on hand tomorrow to cohost the announcement event in Los Angeles. Select Sports Authorities will also reportedly have their own Wii Fit trainers on hand to show potential purchasers how to play the game.

Call of Duty: World at War has already proven that it has legs well beyond its initial launch. With more than 11 million units sold since the well-regarded World War II shooter launched in November 2008, Activision said in July that the game's first two map packs had combined to sell some 4 million units. That figure, of course, doesn't even include Map Pack 3, which hit the Xbox 360 and PlayStation 3's online services in August.

Zombie sympathizers are few and far between.

With Call of Duty: Modern Warfare 2 and its record-setting launch still a headline fixture, Activision today announced one more World at War extension, this time for Apple's iPhone and iPod Touch. The publisher said today that Call of Duty: World at War: Zombies can be downloaded through Apple's iTunes for $9.99.

As its title suggests, the touch-screen-enabled shooter continues the zombie theme established in the first three World at War map packs. Call of Duty: World at War: Zombies accommodates solo play as well as co-op for up to four via Wi-Fi connection as gamers are charged with fending off waves of the undead hordes.

Last month marked a milestone for the Beatles, as the band allowed its music to be digitally distributed for the first time with the Abbey Road downloadable content for The Beatles: Rock Band. It turns out the wait for the band's second wave of digital distribution will be much shorter.

Sgt. Pepper's military record is the subject of much debate.

Harmonix and MTV Games today announced that the eight tracks from Sgt. Pepper's Lonely Hearts Club Band that weren't included on the game disc will be downloadable on the Xbox 360 and Wii starting November 17, with PlayStation 3 players able to get the songs on November 19.

Among the soon-to-be-released tracks are hits like "A Day in the Life" and "When I'm Sixty-Four." Unlike the Abbey Road downloadable content, all eight of the new songs will be available for download a la carte for $1.99 (MSP 160). PS3 and 360 players can also purchase them together as part of a bundle for $13.49 (MSP 1,080).

The full track listing for Sgt. Pepper's Lonely Hearts Club Band follows below. Tracks included on The Beatles: Rock Band disc are marked with a *.

1. Sgt. Pepper's Lonely Hearts Club Band*
2. With A Little Help From My Friends*
3. Lucy In The Sky With Diamonds*
4. Getting Better*
5. Fixing A Hole
6. She's Leaving Home
7. Being For The Benefit Of Mr Kite
8. Within You Without You
9. When I'm Sixty Four
10. Lovely Rita
11. Good Morning Good Morning*
12. Sgt. Pepper's Lonely Hearts Club Band (Reprise)
13. A Day In The Life

By and large, BioWare has the market cornered on interspecies copulation, thanks to recent highly acclaimed role-playing efforts as Mass Effect and Dragon Age. Now, Ubisoft seems to be making a bid for the historical kink market, if the Entertainment Software Rating Board summary of Assassin's Creed II is any indication.

According to the rating summary, Assassin's Creed contains "strong sexual overtones," ranging from a kissing minigame to "adultery, sodomy, prostitution, and rape." The ESRB notes that most of the more taboo topics typically arise as part of character biographies of various figures that the protagonist Ezio meets throughout the course of the game. The ESRB calls out various instances in which characters swear in both English and Italian, as well as graphically detail sexual acts.

"I can assure you, sir, that there is currently no adultery, sodomy, prostitution, and rape occurring at this present moment in time…and definitely not six minutes ago, either."

Players also apparently keep company in a brothel, as well as use prostitutes as part of a blending-in mechanic. The ratings organization notes that no actual nudity or sexual acts are depicted, though various dialogue lines contain such gems as "So the whip or the paddle today?" and "Does your wife know about your page-boy fantasies, Captain?"

Assassin's Creed II will be available for the Xbox 360 and PlayStation 3 on November 17, with a PC edition due next year. Lest it not be said, Assassin's Creed II is rated M for Mature.

Digital distribution has opened up an entirely new market in interactive entertainment, so of course Rich Uncle Pennybags wants to move in and squash the competition. Last year's retail Xbox 360 version of Monopoly is the only new addition to the system's Games on Demand downloadable catalog ($29.99), but the classic board game will find plenty of competition from a trio of new Xbox Live Arcade titles.

First up on the Live Arcade front of Wednesday releases is Tecmo's arcade-style NBA Unrivaled. The publisher describes the game as having a "contemporary retro" design and an "old-school look and feel," which is more than a bit reminiscent of NBA Jam. The game features a full NBA license with rosters from the just-started NBA season, online or offline multiplayer, and will sell for 1,200 Microsoft points ($15).

Tecmo returns to the hardcourt with NBA Unrivaled.

Although Tecmo hasn't hit the hardcourt in some time, Unrivaled isn't the publisher's first basketball game. Tecmo used to have a sister series to its Tecmo Bowl franchise in Tecmo NBA Basketball, which debuted on the NES and produced sequels on the Genesis and Super Nintendo. Unrivaled developer A.C.R.O.N.Y.M. also has some basketball chops, having developed NBA 08: The Life vol. 3 for the PlayStation 2.

Rounding out the Xbox Live lineup for the week will be a pair of puzzlers, each selling for MSP800 ($10). ArcSystem Works' OD Beat Drop introduces rhythm elements into the puzzle game genre, allowing players to incorporate their own songs into its 100 stages and competitive or cooperative multiplayer modes. Encleverment Experiment, from Droplitz developer Blitz Arcade, puts a wacky spin on the quiz-show format, offering a variety of timed challenges testing players' memory, reflexes, and dexterity. The game will also incorporate Xbox Live avatars in the onscreen action.

The game industry is keyed into Activision Blizzard this week, as the publisher gears up to launch Call of Duty: Modern Warfare 2. Already the most preordered game in both Activision's and GameStop's history, the publisher has with no uncertain swagger said that it wouldn't be at all surprised if the military shooter achieves the highest-grossing launch of any entertainment product in history.

With the mountain of money the game is on track to generate, Activision announced today that a portion of the proceeds from Modern Warfare 2's launch will go to an altruistic end. The Washington Post reports that the publisher has established the Call of Duty Endowment, a $1 million grant to establish a foundation for helping military veterans find work.

Activision is lending a helping hand to veterans.

As noted by the Post, a 2008 Department of Veterans Affairs employment survey found that 18 percent of military veterans who left the armed services in the past one to three years are currently out of work. A Bureau of Labor Statistics study found that 11.6 percent of people who departed the military since 2001 are unemployed.

"The joblessness rate that [veterans] should have should be far less than the national average, not more," said Activision CEO Bobby Kotick. "How do you expect people to actually join the military if when they leave the military they can't integrate back into the free market they're supposed to be protecting? These are super-capable people. To the extent that you can put them on track to develop more skills, the development potential that we've identified is extraordinary."

Activision said that its first donation will be to the tune of $125,000, to be delivered to the Paralyzed Veterans of America foundation to help establish a vocational rehabilitation center.