Please note: this is protected speech; it is the exact body of text as filed in Docket #73. Nothing has been modified.

Plaintiff alleges, with forensic evidence and vast amounts of evidence and express admissions that around 2016 Defendants’ moved to California, successfully raised money through Kickstarter and other campaigns and then began selling motion capture suits to the world. Plaintiff purchased such suits in 2020 to learn game development and hopefully one day create a market release. In 2021, Defendants began rolling out the version 2 of Plaintiff’s equipment. In 2022, Defendants authored a pitch deck in which they would seek investors under the clear business plan to exfiltrate motion capture data from users (such as Plaintiff) and strip CMI from it, then resell or license that motion capture data to third-parties.

The version 2 suits produced might higher quality animation recordings and data than it’s predecessor. As Defendant was actively misappropriating users (“Plaintiffs”) intellectual property; they simply could no longer risk receiving substandard animation data from version 1 suits so they undertook a number of methods to destroy the old suits and force users (“Plaintiff”) to upgrade to new. (First) Defendant released new compatible recording software which forced a firmware update which makes the suits no longer work in the previous fully-offline/no time limit per animation software system (Second) Defendant made the new software so it would no longer work with the older suits entirely, with no way to return to the old. (Third) Defendant released a mandatory poison firmware module which their internal developer notes specifically says “Important: will break older suits + gloves [firmwares]”. (Fourth) once the firmwares were poisoned, they would require lengthy one-on-one remote support sessions every 30 – 60 days or so, they would “inspect” the hardware, your computer and read “logs” (Fifth) Once the support sessions (for all users) resulted in no change, Defendant would sell “wires” to users (“Plaintiff”) endlessly knowing they would never solve the problem; but to create the illusion of “trying” to support the product, while also running out warranty timelines. (Sixth) Defendant would force users to ultimately buy new version 2 hardware.

In 2024, Plaintiff secured licensing for his video game through Nintendo® and Sony® and Steam® and diligently worked to complete the production. In August of 2024, he had a Hollywood game reveal event in a large theatre filled with fans of the game, many in costume to show their support. In September, Plaintiff’s suits quit working finally due to the aforementioned reasons and Defendant stuck to their playbook denying Song-Beverly relief to Plaintiff which for the most part, simply was seeking parts. In March of 2025, Defendant finally notified users (“Plaintiff”) that they were changing their terms and conditions to give themselves retroactive, royalty-free, non-exclusive rights to all of users intellectual property with the intention to resell to third-parties. Their terms and conditions were modified in one single day to have unilateral sweeping changes and further, Defendnats stated ‘if you continue to use your [paid in full/owned] equipment, you agree we own your IP and can resell it’.

Once they stated they had no hardware or parts to provide Plaintiff, refused replacement of something that at their cost was around $1,200 total; but instead spent far more money to hire ReedSmith, it was clear there was something seriously wrong. Plaintiff began digging online and researching the Company and found every office location to be fake – mailboxes, hot-desks with no one there. Further, financial and investor materials with customer and employee counts wildly varying everywhere. A locked and shuttered 400sqft basement “HQ” with no one there. Multi-million dollar financial reserves in categories such as “manufacturing” and “inventory” which Defendant does not own; and negative cash flow year after year despite receiving tens of millions each year in investor money; akin to a burn and cycle scheme.

Plaintiff used his technical expertise to perform forensic analysis of Defendant’s processes and found that not only did they receive live telemetry which always told them live that the sensors were ruined by the firmware and in error states. Plaintiff also learned, they had been taking his intellectual property for years, and the year prior – sold 22% stake in an alter-ego company entirely built from that intellectual property. Even today, Defendant continues to profit from that intellectual property and even admits to all of it openly on their website, almost bragging; while signing licensing deals with some of the largest social media/game/multimedia companies in the world and becoming worth $250M. It's not that they don’t want to tell the truth, it’s that they simply and absolutely can’t. That’s why the words sanctions and perjury have no meaning for them, the cost of those is 0.001% of what they lose if they are tried on the merits. As the record shows, Defendant and Counsel will do anything, say anything, omit anything to destroy the integrity of this judicial process. Because there are ~2,000 pieces of evidence including [screen shots, video, on-site photographic, technical, deep forensic, investor materials, written statements, e-mail admissions, interviews, public records, IP addresses, server hostnames and locations, commingled alter-ego board meetings with DocuSign signatures] – Defendant has zero chance of winning on the merits in even a single cause of action against them. That’s why they dodged it in state and have been trying to dodge it in Federal. Dismissal or gish-galloping falsities and procedural weaponization is their only path to victory.