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`Case 3:23-cv-05069-SI Document 58 Filed 04/19/24 Page 1 of 22
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`Kenneth P. Herzinger (SBN 209688)
`Kelsey McQuilkin (SBN 340288)
`PAUL HASTINGS LLP
`101 California Street, 48th Floor
`San Francisco, California 94111
`Telephone: (415) 856-7040
`Facsimile: (415) 856-7100
`kennethherzinger@paulhastings.com
`
`Aaron Charfoos (pro hac vice)
`PAUL HASTINGS LLP
`71 S. Wacker Drive, 45th Floor
`Chicago, Illinois 60606
`Telephone: (312) 499-6016
`Facsimile: (312) 499-6116
`aaroncharfoos@paulhastings.com
`
`Attorneys for Defendants
`DAPPER LABS, INC. and
`NBA PROPERTIES, INC.
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`
`THOMAS FAN, individually and on behalf
`of all others similarly situated,
`Plaintiff,
`
`vs.
`NBA PROPERTIES, INC. and DAPPER
`LABS, INC.,
`
`Defendants.
`
`No. 23-cv-05069-SI
`DEFENDANT DAPPER LABS, INC.’S
`ANSWER TO SECOND AMENDED
`COMPLAINT
`JURY TRIAL DEMANDED
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`Judge: Hon. Susan Illston
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`Trial date: None set
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`U.S.D.C., N.D. Cal., No. 23-cv-05069-SI
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`DAPPER LABS, INC.’S ANSWER TO SECOND
`AMENDED COMPLAINT
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`Case 3:23-cv-05069-SI Document 58 Filed 04/19/24 Page 2 of 22
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`DAPPER LABS, INC.’S ANSWER TO PLAINTIFF’S SECOND AMENDED COMPLAINT
`Pursuant to Federal Rule of Civil Procedure 8, Defendant Dapper Labs, Inc. (“Dapper”) by its
`attorneys, Paul Hastings LLP, hereby answers and asserts defenses to the Second Amended Complaint
`(“the Complaint”) (ECF No. 50) of Plaintiff Thomas Fan (“Plaintiff”), individually and on behalf of all
`others similarly situated, and responds to Plaintiff’s allegations.
`Except as otherwise expressly admitted below, Dapper denies each and every allegation of the
`Complaint and specifically denies any liability to Plaintiff.1
`The preamble to the Complaint contains legal conclusions and characterizations that require no
`response. To the extent the preamble to the Complaint contains factual allegations or otherwise requires
`a response, Dapper admits that Plaintiff purports to bring the described action, but denies the remaining
`allegations in the preamble to the Complaint and denies any and all liability.
`NATURE OF THE ACTION
`1.
`Dapper admits that Plaintiff purports to bring the class action described in Paragraph No.
`1. Dapper denies that a class action is appropriate, denies any liability, and denies the remaining
`allegations in Paragraph No. 1.
`2.
`Dapper admits that it sells digital collectibles known as NBA Top Shot Moments to
`basketball fans around the world, which are non-fungible tokens (“NFTs”) that are minted, numbered,
`and released in limited quantities. Dapper admits that NBA Top Shot is a platform built on the Flow
`Blockchain but denies that it is a private blockchain. Dapper denies that NBA Top Shot Moments are
`video clips. Dapper denies the remainder of the allegations in Paragraph No. 2 including that NBA Top
`Shot is an unincorporated joint venture or partnership created by the Defendants.
`3.
`Dapper admits that when a fan purchases NBA Top Shot Moments, their purchase is
`recorded on the Flow Blockchain, a public, online ledger, and allows anyone with access to the internet
`to verify which username owns which NBA Top Shot Moment. Dapper denies that NBA Top Shot
`Moments are video clips. Dapper denies the remainder of the allegations in Paragraph No. 3.
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`1 Dapper also denies all titles, headings, footnotes, subheadings, and any other material not contained in
`numbered paragraphs.
`U.S.D.C., N.D. Cal., No. 23-cv-05069-SI
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`DAPPER LABS, INC.’S ANSWER TO SECOND
`AMENDED COMPLAINT
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`Case 3:23-cv-05069-SI Document 58 Filed 04/19/24 Page 3 of 22
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`4.
`Dapper admits that it utilizes Meta Tracking Pixel on certain pages of its website,
`nbatopshot.com. Dapper denies that NBA Top Shot Moments are video clips. Dapper denies the
`remainder of the allegations in Paragraph No. 4.
`5.
`Dapper admits that Paragraph No. 5 partially quotes from a Senate Report. Without
`admitting to any facts asserted therein, Dapper refers the Court to the full text of the Senate Report for a
`complete and accurate depiction of its contents and the context of the partial quotes found in Paragraph
`No. 5. Dapper denies the remainder of the allegations in Paragraph No. 5 including any allegations or
`characterizations based on this Senate Report.
`
`PARTIES
`6.
`Dapper lacks knowledge or information sufficient to form a belief about the truth of the
`allegations in Paragraph No. 6, and therefore, denies them.
`7.
`Dapper admits that NBA Properties, Inc. (“NBAP”) is incorporated in New York with its
`principal place of business at 645 Fifth Ave., New York, New York, United States. Dapper denies the
`remainder of the allegations in Paragraph No. 7 including that NBAP is a “partner” in the NBA Top
`Shot “enterprise” or that any such partnership or enterprise exists. Dapper denies that NBA Top Shot
`Moments are video clips. Dapper denies the remainder of the allegations in Paragraph No. 7.
`8.
`Dapper admits that it is a Canadian corporation with its principal place of business at 565
`Great Northern Way #600, Vancouver, British Columbia, Canada, V5T08 and that it sells its NBA Top
`Shot Moments to fans in California and the United States. Dapper denies the remainder of the
`allegations in Paragraph No. 8 including that Dapper is a “partner” in the NBA Top Shot “Enterprise” or
`that any such partnership or enterprise exists. Dapper denies that NBA Top Shot Moments are video
`clips. Dapper denies the remainder of the allegations in Paragraph No. 8.
`JURISDICTION AND VENUE
`9.
`Paragraph No. 9 contains legal conclusions to which no response is required. To the
`extent that Paragraph No. 9 contains factual allegations or otherwise requires a response, Dapper denies
`the allegations in Paragraph No. 9.
`
`U.S.D.C., N.D. Cal., No. 23-cv-05069-SI
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`-2-
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`DAPPER LABS, INC.’S ANSWER TO SECOND
`AMENDED COMPLAINT
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`Case 3:23-cv-05069-SI Document 58 Filed 04/19/24 Page 4 of 22
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`10.
`Paragraph No. 10 contains legal conclusions to which no response is required. To the
`extent that Paragraph No. 10 contains factual allegations or otherwise requires a response, Dapper denies
`the allegations in Paragraph No. 10.
`11.
`Paragraph No. 11 contains legal conclusions to which no response is required. To the
`extent that Paragraph No. 11 contains factual allegations or otherwise requires a response, Dapper denies
`the allegations in Paragraph No. 11.
`
`FACTUAL BACKGROUND
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`The VPPA
`A.
`12.
`Dapper admits that Paragraph No. 12 partially quotes from a Senate Report. Without
`admitting to any facts asserted therein, Dapper refers the Court to the full text of the Senate Report for a
`complete and accurate depiction of its contents and the context of the partial quotes found in Paragraph
`No. 12. Dapper denies the remainder of the allegations in Paragraph No. 12 including any allegations or
`characterizations based on this Senate Report.
`13.
`Dapper admits that Paragraph No. 13 partially quotes from the statute cited. Without
`admitting to any facts asserted therein, Dapper refers the Court to the full text of the statute for a
`complete and accurate depiction of its contents and the context of the partial quotes found in Paragraph
`No. 13. Dapper denies the remainder of the allegations in Paragraph No. 13 including any allegations or
`characterizations based on the statute.
`B.
`The Meta Tracking Pixel
`14.
`Dapper admits that Paragraph No. 14 partially quotes from the cited webpages. Without
`admitting to any facts asserted therein, Dapper refers the Court to the full text of the webpages
`themselves for a complete and accurate depiction of their contents and the context of the partial quotes
`found in Paragraph No. 14. Dapper denies any allegations or characterizations based on these
`webpages, and reserves all rights with regard to the existence, authenticity, accuracy, and admissibility
`of this webpages. Dapper otherwise lacks knowledge or information sufficient to form a belief about the
`truth of the allegations in Paragraph No. 14, and therefore, denies them.
`15.
`Dapper lacks knowledge or information sufficient to form a belief about the truth of the
`allegations in Paragraph No. 15, and therefore, denies them.
`U.S.D.C., N.D. Cal., No. 23-cv-05069-SI
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`-3-
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`DAPPER LABS, INC.’S ANSWER TO SECOND
`AMENDED COMPLAINT
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`Case 3:23-cv-05069-SI Document 58 Filed 04/19/24 Page 5 of 22
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`16.
`Dapper admits that Paragraph No. 16 partially quotes from the cited webpages. Without
`admitting to any facts asserted therein, Dapper refers the Court to the full text of the webpages
`themselves for a complete and accurate depiction of their contents and the context of the partial quotes
`found in Paragraph No. 16. Dapper denies any allegations or characterizations based on these
`webpages, and reserves all rights with regard to the existence, authenticity, accuracy, and admissibility
`of the webpages. Dapper otherwise lacks knowledge or information sufficient to form a belief about the
`truth of the allegations in Paragraph No. 16, and therefore, denies them.
`17.
`Dapper admits that Paragraph No. 17 partially quotes from the cited webpages. Without
`admitting to any facts asserted therein, Dapper refers the Court to the full text of the webpages
`themselves for a complete and accurate depiction of their contents and the context of the partial quotes
`found in Paragraph No. 17. Dapper denies any allegations or characterizations based on these
`webpages, and reserves all rights with regard to the existence, authenticity, accuracy, and admissibility
`of the webpages. Dapper otherwise lacks knowledge or information sufficient to form a belief about the
`truth of the allegations in Paragraph No. 17, and therefore, denies them.
`18.
`Dapper admits that Paragraph No. 18 partially quotes from the cited webpages. Without
`admitting to any facts asserted therein, Dapper refers the Court to the full text of the webpages
`themselves for a complete and accurate depiction of their contents and the context of the partial quotes
`found in Paragraph No. 18. Dapper denies any allegations or characterizations based on these
`webpages, and reserves all rights with regard to the existence, authenticity, accuracy, and admissibility
`of the webpages. Dapper otherwise lacks knowledge or information sufficient to form a belief about the
`truth of the allegations in Paragraph No. 18, and therefore, denies them.
`19.
`Dapper admits that Paragraph No. 19 partially quotes from the cited webpages. Without
`admitting to any facts asserted therein, Dapper refers the Court to the full text of the webpages
`themselves for a complete and accurate depiction of their contents and the context of the partial quotes
`found in Paragraph No. 19. Dapper denies any allegations or characterizations based on these
`webpages, and reserves all rights with regard to the existence, authenticity, accuracy, and admissibility
`of the webpages. Dapper otherwise lacks knowledge or information sufficient to form a belief about the
`truth of the allegations in Paragraph No. 19, and therefore, denies them.
`U.S.D.C., N.D. Cal., No. 23-cv-05069-SI
`DAPPER LABS, INC.’S ANSWER TO SECOND
`AMENDED COMPLAINT
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`Case 3:23-cv-05069-SI Document 58 Filed 04/19/24 Page 6 of 22
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`20.
`Dapper admits that Paragraph No. 20 partially quotes from the cited webpages. Without
`admitting to any facts asserted therein, Dapper refers the Court to the full text of the webpages
`themselves for a complete and accurate depiction of their contents and the context of the partial quotes
`found in Paragraph No. 20. Dapper denies any allegations or characterizations based on these
`webpages, and reserves all rights with regard to the existence, authenticity, accuracy, and admissibility
`of the webpages. Dapper otherwise lacks knowledge or information sufficient to form a belief about the
`truth of the allegations in Paragraph No. 20, and therefore, denies them.
`C.
`NBA Top Shot and the Meta Pixel
`21.
`Dapper admits that it sells NBA Top Shot Moments on its website, nbatopshot.com, and
`that users can buy, sell, and trade on the website. Dapper denies the remainder of the allegations in
`Paragraph No. 21.
`22.
`Dapper admits that its Moments feature highlights from NBA games, which website
`browsers can view and that the Moments can be played on repeat. Dapper denies that all Moments
`contain audio. Dapper admits that between the time period October 3, 2021 – October 3, 2023, it
`created twenty-eight unique NBA Top Shot Moments, bearing twenty-eight unique serial numbers out of
`approximately 30,000,000 Moments, bearing 30,0000,000 unique serial numbers, with audio. Plaintiff
`Fan never owned a Moment with audio. Dapper further admits that users can purchase NBA Top Shot
`Moments. Dapper also admits that Moments are non-fungible, meaning they are unique. Dapper denies
`the remainder of the allegations in Paragraph No. 22.
`23.
`Dapper admits that the Flow Blockchain, which is a public blockchain, permanently
`records ownership, transfer, and price information, among other attributes, of Moments. Dapper denies
`that NBA Top Shot Moments are video clips. The remainder of the allegations in Paragraph No. 23
`contains arguments and opinions that require no response. To the extent that Paragraph No. 23 contains
`factual allegations or otherwise requires a response, Dapper denies them.
`24.
`Dapper admits that its Moments bear unique serial numbers and NFT token IDs. Dapper
`otherwise denies the allegations in Paragraph No. 24.
`25.
`Dapper admits that the image in Figure 1 in Paragraph No. 25 appears to be a screenshot
`of the Dapper website. Without admitting to any facts asserted therein, Dapper refers the Court to the
`U.S.D.C., N.D. Cal., No. 23-cv-05069-SI
`DAPPER LABS, INC.’S ANSWER TO SECOND
`AMENDED COMPLAINT
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`Case 3:23-cv-05069-SI Document 58 Filed 04/19/24 Page 7 of 22
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`full text of the Dapper website for a complete and accurate depiction of its contents and the context of
`the partial image found in Paragraph No. 25. Dapper denies that NBA Top Shot Moments are video
`clips and that such Moments are “burned.” Dapper admits that NFT tokens can be burned. Dapper
`admits the remainder of the allegations in Paragraph No. 25.
`26.
`Dapper admits that ownership of a Moment is recorded on the Flow Blockchain. Dapper
`otherwise denies the allegations in Paragraph No. 26 including that the Flow Blockchain is a private
`blockchain and that only Dapper has full access to it.
`27.
`Dapper admits that the image in Figure 2 in Paragraph No. 27 appears to be a screenshot
`of the Dapper website. Without admitting to any facts asserted therein, Dapper refers the Court to the
`full text of the Dapper website for a complete and accurate depiction of its contents and the context of
`the partial image found in Paragraph No. 27. Dapper admits that in order to complete a purchase on the
`nbatopshot.com website, users must create an account and that Figure 2 accurately represents the initial
`sign-up screen at the time the Complaint was filed on October 3, 2023. Dapper admits that the image
`provides users with notice that “by continuing you are acknowledging that you have read and agreed to
`Dapper’s Terms of Service and Privacy Policy.” Dapper denies the remainder of the allegations in
`Paragraph No. 27.
`28.
`Dapper admits that when a user creates an account, they are assigned a username and
`users are permitted to change their username. Dapper denies the remainder of the allegations in
`Paragraph No. 28.
`29.
`Dapper admits that the image in Figure 3 in Paragraph No. 29 appears to be a screenshot
`of the Dapper website. Without admitting to any facts asserted therein, Dapper refers the Court to the
`full text of the Dapper website for a complete and accurate depiction of its contents and the context of
`the partial image found in Paragraph No. 29. Dapper denies that NBA Top Shot Moments are video
`clips. Dapper otherwise admits the allegations in Paragraph No. 29.
`30.
`Dapper admits that Dapper does not disclose the legal identity of its users on the NBA
`Top Shot website unless the user chooses to do so. Dapper denies the remainder of the allegations in
`Paragraph No. 30.
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`U.S.D.C., N.D. Cal., No. 23-cv-05069-SI
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`DAPPER LABS, INC.’S ANSWER TO SECOND
`AMENDED COMPLAINT
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`Case 3:23-cv-05069-SI Document 58 Filed 04/19/24 Page 8 of 22
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`31.
`Paragraph No. 31 contains legal conclusions to which no response is required. To the
`extent that Paragraph No. 31 contains factual allegations or otherwise requires a response, Dapper denies
`the allegations in Paragraph No. 31.
`32.
`Dapper admits it utilizes the Meta Tracking Pixel on certain pages of its website,
`nbatopshot.com. Dapper denies that NBA Top Shot Moments are video clips. The remainder of the
`allegations in Paragraph No. 32 contain legal conclusions to which no response is required. To the
`extent that Paragraph No. 32 contains factual allegations or otherwise requires a response, Dapper lacks
`knowledge or information sufficient to form a belief about the truth of the allegations in Paragraph No.
`32, and therefore, denies them. Dapper admits that the images in Figures 4, 5, and 6 in Paragraph No.
`32 appear to be screenshots of the Dapper website and the Meta Pixel helper. Without admitting to any
`facts asserted therein, Dapper refers the Court to the full text of the Dapper website for a complete and
`accurate depiction of its contents and the context of the partial image found in Figure 4. Dapper lacks
`knowledge or information sufficient to form a belief about the truth of the allegations in Figures 5 and 6
`of the Complaint, and therefore, denies them.
`33.
`Paragraph No. 33 contains legal conclusions to which no response is required. To the
`extent that Paragraph No. 33 contains factual allegations or otherwise requires a response, Dapper denies
`the allegations in Paragraph No. 33.
`34.
`Dapper admits that after a user clicks “SELECT AND BUY,” he or she is presented with
`a number of NFTs he or she can choose from, along with the NFTs’ prices, owners, and serial numbers.
`The remainder of Paragraph No. 34 otherwise contains legal conclusions to which no response is
`required. To the extent that Paragraph No. 34 contains factual allegations or otherwise requires a
`response, Dapper lacks knowledge or information sufficient to form a belief about the truth of the
`allegations in Paragraph No. 34, and therefore, denies them. Dapper admits that the image in Figure 7 in
`Paragraph No. 34 appears to be a screenshot of the Dapper website. Without admitting to any facts
`asserted therein, Dapper refers the Court to the full text of the Dapper website for a complete and
`accurate depiction of its contents and the context of the partial image found in Figure 7 of Paragraph No.
`34.
`
`U.S.D.C., N.D. Cal., No. 23-cv-05069-SI
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`-7-
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`DAPPER LABS, INC.’S ANSWER TO SECOND
`AMENDED COMPLAINT
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`Case 3:23-cv-05069-SI Document 58 Filed 04/19/24 Page 9 of 22
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`35.
`Dapper admits that if a user clicks on a particular moment, and clicks the “BUY FOR
`$[cost of NFT]” button, they are taken to a payment page. The remainder of Paragraph No. 35 contains
`legal conclusions to which no response is required. To the extent that Paragraph No. 35 contains factual
`allegations or otherwise requires a response, Dapper lacks knowledge or information sufficient to form a
`belief about the truth of the allegations in Paragraph No. 35, and therefore, denies them. Dapper admits
`that the image in Figure 8 in Paragraph No. 35 appears to be a screenshot of the Dapper website and the
`Meta Pixel helper. Without admitting to any facts asserted therein, Dapper refers the Court to the full
`text of the Dapper website for a complete and accurate depiction of its contents and the context of the
`partial image found in Figure 8 of Paragraph No. 35. Dapper lacks knowledge or information sufficient
`to form a belief about the truth of the allegations in Figure 8 of the Complaint, and therefore, denies
`them.
`36.
`Paragraph No. 36 contains legal conclusions to which no response is required. To the
`extent that Paragraph No. 36 contains factual allegations or otherwise requires a response, Dapper lacks
`knowledge or information sufficient to form a belief about the truth of the allegations in Paragraph No.
`36, and therefore, denies them. Dapper admits that the image in Figure 9 in Paragraph No. 36 appears to
`be a screenshot of the Meta Pixel helper. Dapper lacks knowledge or information sufficient to form a
`belief about the truth of the allegations in Figure 9 of the Complaint, and therefore, denies them.
`37.
`Dapper admits that after a user inputs their payment information, and clicks “Pay with
`credit card,” they are redirected to a receipt page. The remainder of Paragraph No. 37 contains legal
`conclusions to which no response is required. To the extent that Paragraph No. 37 contains factual
`allegations or otherwise requires a response, Dapper lacks knowledge or information sufficient to form a
`belief about the truth of the allegations in Paragraph No. 37, and therefore, denies them. Dapper admits
`that the images in Figures 10 and 11 in Paragraph No. 37 appear to be a screenshots of the Dapper
`website and Meta Pixel helper. Without admitting to any facts asserted therein, Dapper refers the Court
`to the full text of the Dapper website for a complete and accurate depiction of its contents and the
`context of the partial image found in Figure 10 of Paragraph No. 37. Dapper lacks knowledge or
`information sufficient to form a belief about the truth of the allegations in Figure 11 of the Complaint,
`and therefore, denies them.
`U.S.D.C., N.D. Cal., No. 23-cv-05069-SI
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`-8-
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`DAPPER LABS, INC.’S ANSWER TO SECOND
`AMENDED COMPLAINT
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`Case 3:23-cv-05069-SI Document 58 Filed 04/19/24 Page 10 of 22
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`38.
`Paragraph No. 38 of the Complaint contains legal conclusions to which no response is
`required. To the extent that Paragraph No. 38 of the Complaint contains factual allegations or otherwise
`requires a response, Dapper lacks knowledge or information sufficient to form a belief about the truth of
`the allegations in Paragraph No. 38 of the Complaint, and therefore, denies them. Dapper admits that
`the images in Figures 12, 13, and 14 in Paragraph No. 38 appear to be screenshots of the Meta Pixel
`helper. Dapper lacks knowledge or information sufficient to form a belief about the truth of the
`allegations in Figures 12, 13, and 14 of the Complaint, and therefore, denies them.
`39.
`Paragraph No. 39 contains legal conclusions to which no response is required. To the
`extent that Paragraph No. 39 contains factual allegations or otherwise requires a response, Dapper lacks
`knowledge or information sufficient to form a belief about the truth of the allegations in Paragraph No.
`39, and therefore, denies them.
`40.
`Dapper lacks knowledge or information sufficient to form a belief about the truth of the
`allegations in Paragraph No. 40, and therefore, denies them.
`41.
`Dapper lacks knowledge or information sufficient to form a belief about the truth of the
`allegations in Paragraph No. 41, and therefore, denies them.
`42.
`Dapper lacks knowledge or information sufficient to form a belief about the truth of the
`allegations in Paragraph No. 42, and therefore, denies them.
`43.
`Dapper admits that Paragraph No. 43 partially quotes from the cited webpages. Without
`admitting to any facts asserted therein, Dapper refers the Court to the full text of the webpages
`themselves for a complete and accurate depiction of its contents and the context of the partial quotes
`found in Paragraph No. 43. Dapper denies any allegations or characterizations based on these
`webpages, and reserves all rights with regard to the existence, authenticity, accuracy, and admissibility
`of the webpages. To the extent that Paragraph No. 43 of the Complaint contains factual allegations or
`otherwise requires a response, Dapper lacks knowledge or information sufficient to form a belief about
`the truth of the allegations in Paragraph No. 43 of the Complaint, and therefore, denies them.
`44.
`Dapper lacks knowledge or information sufficient to form a belief about the truth of the
`allegations in Paragraph No. 44 of the Complaint, and therefore, denies them.
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`U.S.D.C., N.D. Cal., No. 23-cv-05069-SI
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`DAPPER LABS, INC.’S ANSWER TO SECOND
`AMENDED COMPLAINT
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`Case 3:23-cv-05069-SI Document 58 Filed 04/19/24 Page 11 of 22
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`45.
`Paragraph No. 45 contains legal conclusions to which no response is required. To the
`extent that Paragraph No. 45 contains factual allegations or otherwise requires a response, Dapper lacks
`knowledge or information sufficient to form a belief about the truth of the allegations in Paragraph No.
`45, and therefore, denies them.
`46.
`Dapper denies that NBA Top Shot Moments are video clips. Dapper lacks knowledge or
`information sufficient to form a belief about the truth of the allegations in Paragraph No. 46, and
`therefore, denies them.
`47.
`Dapper denies that its website discloses user information to Meta. Paragraph No. 47
`contains legal conclusions to which no response is required. To the extent that Paragraph No. 47
`contains factual allegations or otherwise requires a response, Dapper lacks knowledge or information
`sufficient to form a belief about the truth of the allegations in Paragraph No. 47, and therefore, denies
`them.
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`48.
`Dapper denies that its website discloses user information to Meta. Paragraph No. 48
`contains legal conclusions to which no response is required. To the extent that Paragraph No. 48
`contains factual allegations or otherwise requires a response, Dapper lacks knowledge or information
`sufficient to form a belief about the truth of the allegations in Paragraph No. 48, and therefore, denies
`them.
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`49.
`Dapper admits that Paragraph No. 49 partially quotes from the cited webpage and that
`Figure 15 appears to be a screenshot of Facebook’s off-site activity report for users. Without admitting
`to any facts asserted therein, Dapper refers the Court to the full text of the webpage itself for a complete
`and accurate depiction of its contents and the context of the partial quote found in Paragraph No. 49.
`Dapper denies any allegations or characterizations based on this webpage, and reserves all rights with
`regard to the existence, authenticity, accuracy, and admissibility of this webpage. Dapper lacks
`knowledge or information sufficient to form a belief about the truth of the allegations in Figure 15 of the
`Complaint, and therefore, denies them. To the extent that Paragraph No. 49 contains factual allegations
`or otherwise requires a response, Dapper lacks knowledge or information sufficient to form a belief
`about the truth of the allegations in Paragraph No. 49, and therefore, denies them.
`50.
`Dapper denies the allegations in Paragraph No. 50.
`U.S.D.C., N.D. Cal., No. 23-cv-05069-SI
`DAPPER LABS, INC.’S ANSWER TO SECOND
`AMENDED COMPLAINT
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`Case 3:23-cv-05069-SI Document 58 Filed 04/19/24 Page 12 of 22
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`51.
`Dapper admits that Paragraph No. 51 partially quotes from the cited statute. Without
`admitting to any facts asserted therein, Dapper refers the Court to the full text of the statute itself for a
`complete and accurate depiction of its contents and the context of the partial quote found in Paragraph
`No. 51. Paragraph No. 51 contains legal conclusions to which no response is required. Dapper denies
`any allegations or characterizations based on this statute. Dapper otherwise denies the allegations in
`Paragraph No. 51.
`D.
`Enterprise Allegations
`Intent of the Parties
`52.
`Dapper admits that Paragraph No. 52 partially quotes from the cited webpage. Without
`admitting to any facts asserted therein, Dapper refers the Court to the full text of the webpage itself for a
`complete and accurate depiction of its contents and the context of the partial quote found in Paragraph
`No. 52. Dapper denies any allegations or characterizations based on this webpage, and reserves all
`rights with regard to the existence, authenticity, accuracy, and admissibility of this webpage. Dapper
`otherwise denies the allegations in Paragraph No. 52 of the Complaint.
`53.
`Dapper admits that Paragraph No. 53 partially quotes from the cited webpage. Without
`admitting to any facts asserted therein, Dapper refers the Court to the full text of the webpage itself for a
`complete and accurate depiction of its contents and the context of the partial quote found in Paragraph
`No. 53. Dapper denies any allegations or characterizations based on this webpage, and reserves all
`rights with regard to the existence, authenticity, accuracy, and admissibility of this webpage. Dapper
`otherwise denies the allegations in Paragraph No. 53.
`54.
`Dapper admits that Paragraph No. 54 partially quotes from the cited exhibit, which
`contains the License Agreement between Defendants. Without admitting to any facts asserted therein,
`Dapper refers the Court to the full text of the exhibit itself for a complete and accurate depiction of its
`contents and the context of the partial quote found in Paragraph No. 54. Dapper denies any allegations
`or characterizations based on this exhibit. Dapper otherwise denies the allegations in Paragraph No. 54.
`55.
`Dapper admits that Paragraph No. 55 partially quotes from the cited exhibit, which
`contains the License Agreement between Defendants. Without admitting to any facts asserted therein,
`Dapper refers the Court to the full text of the exhibit itself for a complete and accurate depiction of its
`U.S.D.C., N.D. Cal., No. 23-cv-05069-SI
`DAPPER LABS, INC.’S ANSWER TO SECOND
`AMENDED COMPLAINT
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`-11-
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`Case 3:23-cv-05069-SI Document 58 Filed 04/19/24 Page 13 of 22
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`contents and the context of the partial quote found in Paragraph No. 55. Dapper denies any allegations
`or characterizations based on this exhibit. Dapper otherwise denies the allegations in Paragraph No. 55
`of the Complaint.
`The NBA shares in both the risks and rewards of the NBA Top Shot Enterprise
`56.
`Dapper admits that Paragraph No. 56 partially quotes from the cited webpages. Without
`admitting to any facts asserted therein, Dapper refers the Court to the full text of the webpages
`themselves for a complete and accurate depiction of its contents and the context of the partial quotes
`found in Paragraph No. 56. Dapper denies any allegations or characterizations based on the webpages,
`and reserves all rights with regard to the existence, authenticity, accuracy, and admissibility of these
`webpages. Dapper otherwise denies the allegations in Paragraph No. 56.
`57.
`Dapper admits that Paragraph No. 57 partially quotes from the cited exhibit, which
`contains the License Agreement between Defendants. Without admitting to any facts asserted therein,
`Dapper refers the Court to the full text o