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3284 Cottese Circle MAR 0 2 2023
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Sam Jose, CA. 95127
3 (408) 593-1226
[email protected]
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UNITED sTATEs DlsTRIcr cOuRT
6 NORTHERN DISTRICT OF CALIFORNIA
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SIN ]OSE DIVISION
9 Efjk E§tavillo,
Case No.: 9 a a V4116 8 8
10 Plaintiff,
]1 V.
COMP-T
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Sony Intefacchre Entettainment
JURY TRIAL DEMANDED
13 @ubli§her of Destiny 2), Bungie, Inc.
@eveloper of Desiny 2).
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Defendants.
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c.OMPLAINT Arm REQUEST FOR puNITrvE DAhlAGEs, Arro
23 pLinFTSREQUEs'rr-ORPRODuonoNOFDOcLjRENrs@EroNE)
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1 JURISDICTION:
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1. This court has jurisdiction over this lawsuit because it arises under the laws
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of California and the defendant is located in San Mateo, California of which all
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of the acts and grievances against the plaintiff have also occurred in the Bay
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Area, more specifically here in San Jose, California, within the County of Santa
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Clara.
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8 VENUE:
2. Venue is appropriate in this Court because both the plaintiff and the
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defendant are in the Bay Area of California and all of the acts and omissions
10 giving rise to this lawsuit occurred here. Furthermore, it is under California
State Law that one or more of the claims against the
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defendants are based.
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13 INTRADISTRICT ASSIGNMENT:
3. This lawsuit should be assigned to the San Jose Division of this Court
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because all events or omissions occurred to the defendant here in San Jose.
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16 PARTIES:
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4. Defendant Sony Interactive Entertainment is a subsidiary of Sony
18 Corporation, which focuses on the development and publishing of video games
and other interactive entertainment products. It is headquartered in San Mateo,
19 California. SIE is responsible for the popular PlayStation video game brand,
including the PlayStation 2, PlayStation 3, PlayStation 4, and PlayStation 5
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gaming consoles.
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Defendant Bungie Inc. is an American video game development company
22 based in Bellevue, Washington. It was founded in 1991 and is best known for
COMPLAINT AND REQUEST FOR PUNITIVE DAMAGES, AND
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1 creating the popular "Halo" franchise, which was originally released for the
Xbox gaming console. In recent years, the company has expanded its portfolio
2 to include new franchises such as "Destiny," a multiplayer first-person shooter
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game that has been released for multiple gaming platforms. Bungie is also
known for its strong focus on storytelling, lore, and world-building in its
4 games. Sony bought Bungie for $3.6 billion in 2022.
5 The Plaintiff is a consumer who pre-ordered and purchased Destiny 2 and its
Forsaken Downloadable Content (DLC).
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RELEVANT FACTS:
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I. SONY INTERACTIVE ENTERTAINMENT MONOPOLIZES THE
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VIDEO GAME MARKET THROUGH ITS POWERFUL AND MOST
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POPULAR GAMING CONSOLE THE PLAYSTATION 5.
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5. It is widely acknowledged that the PlayStation 5 has been a highly
12 successful and popular gaming console since its launch in 2020. It has
received positive reviews from both consumers and critics for its improved
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hardware performance, graphics, and exclusive games. According to market
14 research and sales data, the PlayStation 5 has outsold other current-
generation consoles, including the Xbox Series X/S, in many regions.
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6. The PlayStation 5 has been more popular and has outsold the Xbox Series X
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in many regions since both consoles were released in 2020. This can be
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attributed to factors such as the popularity of exclusive games and the strong
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brand recognition of the PlayStation. Not only does the PlayStation console
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have abundantly more exclusive games than Microsoft, but their games are also
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vastly more popular than Xbox video games. Furthermore, SIE and their tv
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1 shows and movies which have been adapted from their video game licenses
2 also prove to be extremely admired as is reflected from Sony’s recent tv show
3 “The Last of Us” which is the most popular show on all of television right
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now, having broken HBO viewing records. While Xbox’s flagship tv show
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“Halo” has been a huge disappointment for Microsoft and Paramount Tv+ by
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comparison. Destiny 2 is just another example of how powerful and popular
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Sony has become.
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7. Destiny 2 is an online multiplayer first-person shooter video game developed
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by Bungie and published by Activision. It was released in 2017 for PlayStation
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12 4, Xbox One, and Microsoft Windows. The game takes place in a fictional
13 universe and features a shared world where players can interact with each other.
14 Players take on the role of a Guardian, a protector of Earth's last city, and must
15 embark on various missions and activities to defeat enemies and uncover the
16 mysteries of the universe. "Forsaken" is a major expansion for the game
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Destiny 2. It was released in September 2018 and added new content to the
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game, including a new story campaign, new locations, new weapons, and new
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game modes. The main storyline revolves around the prison break of the
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infamous outlaw, Uldren Sov, and the player's quest to track him down and
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bring him to justice. The expansion also introduced a new game mode called
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COMPLAINT AND REQUEST FOR PUNITIVE DAMAGES, AND
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1 Gambit, which is a mix of PvE and PvP, and a new endgame activity called the
2 Dreaming City. Additionally, the expansion made significant changes to the
3 game's weapon and gear systems, as well as the addition of various quality-of-
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life improvements.
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II. Because of Sony’s dominance in the gaming market, they have
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acted with great disregard for consumer rights because of their strong
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dominance in the gaming market
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8. Sony Interactive Entertainment and Bungie do not fear any type of
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12 retaliation from consumers, as can be seen when they deleted or “vaulted” the
13 video game content known as Forsaken from their video game Destiny 2,
14 which has been purchased by millions of consumers. This move has made the
15 Forsaken DLC and other purchased parts of the game inaccessible to players
16 who had bought the product.
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9. Forsaken DLC has been deleted from the game against paying customers
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wishes and without prior notice to these consumers, including the plaintiff. The
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plaintiff spent $59.99 on this gaming content and was not refunded,
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reimbursed, or warned of its disappearance – which is a breach of contract with
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COMPLAINT AND REQUEST FOR PUNITIVE DAMAGES, AND
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1 the consumer, as well as leaning into the legal matter of false advertising as the
2 Forsaken DLC was never advertised as a “limited time only” purchase/event.
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10. When a game company removes DLC (downloadable content) that a
5 purchaser can no longer play, this violates the California Consumer Legal
Remedies Act (CLRA), which is a consumer protection law in California.
6 The CLRA prohibits businesses from engaging in deceptive or misleading
practices that are likely to cause consumer confusion or misunderstanding. If
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a consumer purchases DLC for a game and is later unable to access or play
8 the content, this could potentially be considered a deceptive or misleading
practice under the CLRA. However, the CLRA also allows businesses to
9 change or discontinue products as long as they provide clear and
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conspicuous notice to consumers. If a game company provides clear and
conspicuous notice to consumers before discontinuing DLC, this may not be
11 considered a violation of the CLRA.
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13 11. To this end, Bungie, released Destiny 2: Forsaken – Legendary Collection
for $59.99, which included every expansion so far up to that point. Then in
14 conspiracy with Sony Interactive Entertainment – decided to delete the content
from the game without refunds. Making it unplayable for millions of purchasers
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and without remedies for these players to access the content ever again.
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17 12. The plaintiff has lost out of his investment of $60+ dollars and the many
hours he invested into the Forsaken DLC, which still remains inexplicably
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unplayable to this day.
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13. When a video game is not as advertised, this could potentially violate the
21 California Consumer Legal Remedies Act (CLRA), which is a consumer
protection law in California.The CLRA prohibits businesses from engaging
22 in deceptive or misleading practices that are likely to cause consumer
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1 confusion or misunderstanding. If a consumer purchases a game based on
certain representations or claims made by the company, and the game does
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not meet those representations or claims, this could potentially be considered
3 a deceptive or misleading practice under the CLRA. And furthermore should
bring penalties against the defendants for falsely advertising The Forsaken
4 DLC content of Destiny 2 as a permanent purchase, despite SIE and Bungie
knowing they were going to delete/vault this part of the game away forever.
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14. Neither Sony Interactive Entertainment or Bungie have explained why, or
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even if, they would ever bring back this part of the game which so many
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customers paid for. Nor have they refunded or reimbursed players who had
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purchased the content. It’s been missing from the game for over a year now. In
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11 all pre-released promotions for the game, neither defendant explicitly stated
12 that the Forsaken DLC or parts of the game would be deleted (or vaulted) in
13 any manner in the future as can be gleaned from the advertisements below:
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1 REQUEST FOR RELIEF:
2 Plaintiff respectfully prays for a judgment against Defendants for:
3 i. Equitable relief as the Court deems appropriate including:
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a. Requiring SIE and Bungie to comply with California Consumer Legal
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Remedies Act (CLRA) by stating explicitly on the front-page of their
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Playstation store that there are no refunds or returns for players when
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the companies decide to delete/vault paid DLC from a video game and
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to also include similar lingo on packaging for such material as seen
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above.
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11 b. Requiring both Defendants to update their EULAs’ and make refunds
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13 c. ii. Compensatory damages to be paid by all Defendants, according to
14 proof at trial, along with;
15 iii. The amount of the purchased Forsaken downloadable
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content (DLC) for Destiny 2 at the cost of $59.99, to be fully
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refunded to the plaintiff.
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iv. Punitive damages in the amount of $10 million dollars
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against SIE and $5 million dollars against Bungie Inc.
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v. And any additional punitive damages the court/jury may
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deem appropriate.
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____________________,
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Plaintiff Signature
7 Demand for Jury Trial
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