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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Bubble Pony, Inc., a Minnesota Corporation and Patrick J. Glynn,

Court File: 15-CV-601 DSD-FLN

Plaintiffs, v. Facepunch Studios Ltd, Facepunch Limited, Facepunch Group Limited, and Garry Newman, Defendants.

PLAINTIFFS’ FIRST SET OF INTERROGATORIES TO DEFENDANTS

YOU WILL PLEASE TAKE NOTICE that Plaintiffs Bubble Pony, Inc. and Patrick Glynn demand Answers under oath by Defendants within 30 days of the service hereof pursuant to Fed. R. Civ. P. 26 and 33, to the following Interrogatories. If information is discovered by or becomes known to you or to your attorneys or to anyone acting on your behalf, after answering the same and before trial, which would change or add to the answers given, you are hereby directed to promptly furnish such information to the undersigned. DEFINITIONS AND INSTRUCTIONS The following Interrogatories are to be read, interpreted and answered with reference to the following definitions and instructions:

Plaintiffs’ First Set of Interrogatories to Defendants

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1.

“You” or “your" means and refers to Facepunch Studios, Ltd, Facepunch

Limited, Facepunch Group Limited, and Garry Newman, all of their agents, employees, representatives, insurers, attorneys, and all other persons or entities acting on its behalf. 2.

“Person” means a natural person, corporation, limited share company,

limited liability company partnership, government (or any agency thereof), quasi-public entity, proprietorship, joint venture, trust or estate, and any other form of legal entity. 3.

“Representative” means a present and former director, officer, employee,

agent, attorney, accountant, and any other person acting on behalf of the designated person. 4.

“Source” means each document and person from whom you gained or

obtained your facts or information, or on which you base your belief. 5.

“Facepunch” shall mean Facepunch Studios Ltd, Facepunch Limited and

Facepunch Group Limited, or any of their affiliates, agents, employees, temporary employees, contract employees, retirees, officers, directors, attorneys, accountants, and any other person acting on its behalf. 6.

“Newman” shall mean Garry Newman, or any of his affiliates, agents,

employees, temporary employees, contract employees, retirees, officers, directors, attorneys, accountants, and any other person acting on its behalf. 6.

“Document” or “writing” refers to the original and all non-identical copies

or reproductions of any written, printed, typed, or recorded matter of any kind known to you or in your possession, custody or control, including but not limited to:

Plaintiffs’ First Set of Interrogatories to Defendants

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a.

Letters, correspondence, computer tapes, computer fixed disks, computer floppy disks, any magnetic recording, electronic recording, back-up disks, back-up magnetic tapes, DVD, CD ROM, flash drives, jump drives, servers, any and all other digital storage devices, any type of electronic and digital media, whether removable or not, audio tape, video tape, any recording whatsoever of any type, telegrams, wires, memoranda, instructions, calendars, diaries, desk books, journals, Lotus Notes ®, reports, studies, surveys, speeches, minutes, pamphlets, notes, records, charts, tabulations, compilations, accounting records, inter-office and intraoffice communications, tape or other voice recordings, records of meetings, conferences, telephone conversations, or other communications and any and all drafts and non-identical copies of any of the foregoing; and

b.

Microfilm, microfiche, CD ROM, DVD, or other reproductions or film impressions and all data stored in computers and any type of electronic and digital media whether on fixed disk or floppy, magnetic tape, CD ROM, DVD, flash drives, jump drives, servers, any and all other digital storage devices, whether removable or not, or any other kind of electronic, audio, video or magnetic information storage and retrieval media.

7.

“Identify,” when used with respect to a person means to give the person’s

name, present or last known address, telephone number, e-mail, or other contact

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information (such as messaging identities) and the position and business affiliation of the person at the time of this action in connection with the matters alleged in this action. 8.

“Identify,” when used with respect to a corporation or other form of

business organization, means to state the name of such corporation or business organization, the address of its principal place of business, its state of incorporation or formation, and the identity of all individuals who acted on its behalf in connection with the matter alleged in this action. 9.

“Identify,” when used with regard to a document or writing, means to give

the type of document or writing (for example, letter, memorandum, telegram, chart, report), date originated and or identifying symbol to identify the author, addressee, and each recipient of such document or writing, its location, the location of all non-identical copies and/or versions of the document, and the identity of the custodian of the document. 10.

“Describe,” when used with respect to a communication, a meeting, an act

or conduct, means to give, state, or identify the following: a.

The date of the communication, meting, act, or conduct, where it took place, the identity of each participant the identity of each person who was present;

b.

If a communication or meeting, the identity of the person making the particular statement so listed, the mode of communication (for example, in

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writing, telephone or in person), and the location of each of the participants; or c.

If an act or conduct, the details of the act or conduct being described and what each person participating in such act or conduct did.

11.

If any information, whether or not written, is responsive to any of the

following interrogatories, and is withheld based on any claim of privilege, describe generally the substance of subject matter of the information, communication or document, state the privilege being relied upon or claimed and the basis therefore, identify the persons involved, and identify all persons or entities who have had access to such information, communication or document, the identity of the custodian of the information, communication or document, the identity of the author of the information, communication or document, the identity of the recipient(s) of the information, communication or document, and if the information, communication or document is or contains in any way a summarization, compilation, tabulation, report, survey or brief of data and/or information that exists separate and apart from the information, communication or document identify the underlying records, information, communications, or documents, the identity of the custodian of the underlying records, information, communication or document, the identity of the author(s) of the underlying records, information, communication or document, the identity of the recipient(s) of the underlying records, information, communication or document.

Plaintiffs’ First Set of Interrogatories to Defendants

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12.

If any information, whether or not written, is responsive to any of the

following interrogatories, and is withheld based on any claim of confidentiality or claim of protection under an existing Court Order, produce the Court Order which you assert provides protection, confidentiality and/or proscribes production of the information requested, state in detail your rationale for the application of the Court Order to the information requested; describe generally the substance of subject matter of the information, communication or document, state the privilege being relied upon or claimed and the basis therefore, identify the persons involved, and identify all persons or entities who have had access to such information, communication or document, the identity of the custodian of the information, communication or document, the identity of the author of the information, communication or document, the identity of the recipient(s) of the information, communication or document, and if the information, communication or document is or contains in any way a summarization, compilation, tabulation, report, survey or brief of data and/or information that exists separate and apart from the information, communication or document identify the underlying records, information, communications, or documents, the identity of the custodian of the underlying records, information, communication or document, the identity of the author(s) of the underlying records, information, communication or document, the identity of the recipient(s) of the underlying records, information, communication or document. 13.

The request for identification if information includes any information

within the files of attorneys, accountants, and other agents and any information provided

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to governmental or other regulatory agencies, courts, administrative offices and/or agencies, and self-regulatory agencies including but not limited to agencies such as the United States Copyright Office. 14.

If the answer to any interrogatory is that you lack knowledge of the

requested information, describe all efforts that you have made to obtain the information necessary to answer the interrogatories. 15

The term “RUST” shall refer to all versions the Rust computer game sold

by Facepunch. The term “original RUST game”, refers to the Rust computer game which Patrick Glynn worked on and which was first sold in 2013. 16.

The term “experimental Rust game” refers to the computer game which was

created to replace the original Rust game and which was first sold in June of 2014. INTERROGATORIES INTERROGATORY NUMBER 1. Describe the circumstances which led to the development of the RUST game, including when the game was first conceived, who was involved and what ideas they contributed. INTERROGATORY NUMBER 2. Identify the contributions of each person you contend was an author of the source code for the original RUST.

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INTERROGATORY NUMBER 3. State all facts which support your contention that Patrick Glynn did not create more than 75% of the source code for the RUST, including the identity of any documents relating to your claim. INTERROGATORY NUMBER 4. State all facts which support your contention that Patrick Glynn did not create more than a dozen art files for the original RUST, including the identity of any documents relating to your claim. INTERROGATORY NUMBER 5. State in detail all facts supporting your contention that the source code of RUST is not a Joint Work, including the identity of any documents relating to your claim. INTERROGATORY NUMBER 6. State in detail all facts supporting your contention that Patrick Glynn did not intend to be a joint author of the original RUST, including the identity of any documents relating to your claim. INTERROGATORY NUMBER 7. State in detail all facts supporting your contention that Patrick Glynn’s work on the original Rust was a “work for hire”, including the identity of any documents relating to your claim.

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INTERROGATORY NUMBER 8. State in detail all facts supporting your contention that Glynn created source code for Facepunch’s use according to the company’s instruction and direction, including the identity of any documents relating to your claim. INTERROGATORY NUMBER 9. State in detail all facts supporting your contention that Glynn fully understood that he did not have any ownership interest in any games that he worked on with Facepunch, including the identity of any documents relating to your claim. INTERROGATORY NUMBER 10. Identify each and every person or company who you contend is an owner of the copyright of the source code for the original Rust, and explain how that person or company obtained their ownership interest. INTERROGATORY NUMBER 11. If you contend that the source code written by Glynn for the original RUST needed to be rewritten, identify each such item and/or section of code, and state in detail what was wrong with the code, why it needed to be rewritten. INTERROGATORY NUMBER 12. State in detail all facts supporting your contention in the third affirmative defense that Plaintiffs have licensed or assigned their interest in Plaintiff’s code or other work product to Defendants, including the identity of any documents relating to your claim.

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INTERROGATORY NUMBER 13. State in detail all facts supporting your contention in the first affirmative defense that Defendants have acted pursuant to a fully paid, valid and irrevocable non-exclusive license which entitled Defendants to use Plaintiff’s code in RUST and/or in other works, including the identity of any documents relating to your claim. INTERROGATORY NUMBER 14. Identify all works other than the original RUST game in which Defendants have used plaintiff’s code. INTERROGATORY NUMBER 15. Do you contend Glynn did not collaborate with other persons working for Facepunch in the creation of the original RUST game, if so state all facts which support your contention, including the identity of any documents relating to your claim. INTERROGATORY NUMBER 16. Identify all persons who worked on the development of the source code for the experimental game. INTERROGATORY NUMBER 17. Identify any person who worked on the development of the source code for the experimental game who reviewed any reference document created by Patrick Glynn explaining the operation of the source code of the original RUST. INTERROGATORY NUMBER 18. Identify any art files created for the original RUST which were used in the experimental game.

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INTERROGATORY NUMBER 19. State in detail all facts supporting your contention that the experimental game does not copy the essential elements of the original RUST and is not substantial similar to the original RUST. INTERROGATORY NUMBER 20. State in detail all facts supporting your denial of the allegations in Paragraph 168 in the complaint that, including the identity of any documents relating to your claim. INTERROGATORY NUMBER 21. State the annual profits realized by the defendants from the circulation, distribution publication, sale or offering of RUST for the years 2013, 2014, and 2015. INTERROGATORY NUMBER 22. Identify all outlets, entities, sellers and/or resellers of the original Rust game, and the “experimental” RUST game. INTERROGATORY NUMBER 23. If you claim that Plaintiff has made any admission or statement against interest that you claim to be relevant to the claims or defenses in this matter, identify each such admission or statement, providing the identity of anyone who heard receive such admission or statement, the date of any such admission or statement, how such admission or statement was made, where each such admission or statement was made, and a summary of the content and meaning of that admission or statement.

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INTERROGATORY NUMBER 24. Identify all records kept in the ordinary course of business relating to the cost of reproducing, circulating selling offering for sale publishing and distributing the rust game INTERROGATORY NUMBER 25. Identify all persons having knowledge of the facts supporting the affirmative defenses set forth in your Answer and, for each such person, state the facts known to that person’s supporting your contentions. The foregoing Interrogatories are to be regularly and seasonally supplemented pursuant to the Rules of Federal Civil Procedure as and when Defendants learn of and/or acquire information, documents, or other knowledge responsive to these Interrogatories. Date: January 21, 2016

Neff Law Firm, P.A. /s/Fred L. Neff Fred L. Neff, Atty. Reg. #77355 Neff Law Firm, P.A. One Corporate Plaza, Suite 390 7400 Metro Boulevard Edina, MN 55439 Bus.: (952) 831-6555 Fax: (952) 831-2711 Email: [email protected] Edward E. Wallace, admitted pro hac vice CA Atty. Reg. #88268 Edward E. Wallace Law Offices 16133 Aventura Blvd, Penthouse Suite A Encino, CA Telephone: (877) 282-4432 Email: [email protected] Attorneys for Plaintiffs

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