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COMPLAINT

Plaintiff, Bethesda Softworks LLC (“Bethesda”), by its undersigned attorneys, alleges as follows, upon actual knowledge with respect to itself and its own acts, and upon information and belief as to all other matters.

NATURE OF THE ACTION

1.

This is a civil action for breach of co ntract, copyright infringement, unfair competition, and misappropriation of trade secrets. Bethesda brings this action agains t Behaviour Interactive, Inc. (“Behaviour”) for breach of its contract regarding the development and ownership of FALLOUT SHELTER, a widely acclaimed mobile game owned and published by Bethesda. Bethesda also brings this action against Warner Bros. Entertainment (“War ner Bros.”) for inducement to brea ch that contract. Bethesda further brings this action against Behaviour and Warner Bros. (together, “Defendants”) for their willful and intentional infringement of Bethesda’s copyrights, misappropriation of Bethesda’s trade secrets, and deceptive business practices and unfair competition through their development, marketing, and promotion of the Westworld mobile game. 2.

FALLOUT SHELTER, set in the post-apocalyptic universe of Bethesda’s successful FALLOUT franchise, places users in the role of the “overseer”—a designer and manager of an underground vault of people trying to escape the nuclear wasteland above ground. The overseer must balance resources, fend off att acks from raiders and radioactive insects and monsters, and keep the dwellers of the vault happy so that the human race can survive. Bethesda conceived of and designed the environment and gameplay features for FALLOUT SHELTER to fit within the aesthetic and storyline of the FALLOUT universe. 3.

To realize its design, Bethesda contracted with Behaviour under a work-for-hire agreement to develop FALLOUT SHELTER to Bethesda’s specifications solely for use by