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`Case 2:21-cv-01473 Document 1 Filed 10/29/21 Page 1 of 53
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
`
`ANN MAYHALL, on behalf of her Minor Child,
`D.M., individually and on behalf of all others
`similarly situated,
`
`
`
`Plaintiff,
`
`v.
`
`AMAZON WEB SERVICES, INC. and
`AMAZON.COM, INC.,
`
`Case No.
`
`CLASS ACTION COMPLAINT
`
`
` JURY DEMAND
`
`Defendants.
`
`CLASS ACTION COMPLAINT
`
`Plaintiff, Ann Mayhall, on behalf of her Minor Child, D.M., individually and on behalf
`
`
`
`
`
`
`
`of all others similarly situated, for her Complaint against Defendants Amazon Web Services,
`
`Inc. (“AWS”) and Amazon.com, Inc. (“Amazon”), states as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff Ann Mayhall is the guardian of Minor Child, D.M., and is a citizen of
`
`the State of Illinois residing in Madison County, Illinois.
`
`2.
`
`D.M., a minor child, is a sixteen (16) year old child and a citizen of the State of
`
`Illinois residing in Madison County, Illinois.
`
`CLASS ACTION COMPLAINT - 1
`
`TOUSLEY BRAIN STEPHENS PLLC 
`1200 Fifth Avenue, Suite 1700 
`Seattle, Washington  98101 
`TEL. 206.682.5600  FAX 206.682.2992 
`
`

`

`Case 2:21-cv-01473 Document 1 Filed 10/29/21 Page 2 of 53
`
`
`
`3.
`
`Defendant AWS is a Delaware corporation with its principal place of business in
`
`Seattle, Washington.
`
`4.
`
`Defendant Amazon is a Delaware corporation with its principal place of
`
`business in Seattle, Washington.
`
`JURISDICTION AND VENUE
`
`5.
`
`This Court has jurisdiction pursuant to the Class Action Fairness Act, 28 U.S.C.
`
`§ 1332(d). Because Plaintiff and Defendants are citizens of different States, there is minimal
`
`diversity. The total claims of Class Members exceed $5,000,000 exclusive of interest and
`
`costs. There are at least 100 Class Members.
`
`6.
`
`This Court has personal jurisdiction over Defendants because they have their
`
`principal places of business in Washington and are, therefore, citizens of Washington.
`
`7.
`
`Venue is proper in this district pursuant to 28 U.S.C. § 1391 because Defendants
`
`reside in this district and are residents of the State in which this district is located.
`
`NATURE OF THE ACTION
`
`8.
`
`This claim involves Illinois’ Biometric Information Privacy Act, 740 ILCS 14/1
`
`et seq. (“BIPA”), a law that regulates companies that possess, collect, obtain, use, store, profit
`
`from, or disseminate, Illinois citizens’ biometric data, such as fingerprints, scans of face
`
`geometry, and voiceprints, and information derived therefrom.
`
`9.
`
`AWS and Amazon provide cloud computing services to Take 2 Interactive
`
`Software, Inc. (“Take 2”) and/or its wholly owned subsidiary 2K Games, Inc. (“2K Games”),
`
`which publish video games in the NBA 2K series. The NBA 2K games are basketball
`
`simulation video games that have been released each year since NBA 2K6 in 2005.
`
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`CLASS ACTION COMPLAINT - 2
`
`TOUSLEY BRAIN STEPHENS PLLC 
`1200 Fifth Avenue, Suite 1700 
`Seattle, Washington  98101 
`TEL. 206.682.5600  FAX 206.682.2992 
`
`

`

`Case 2:21-cv-01473 Document 1 Filed 10/29/21 Page 3 of 53
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`
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`10.
`
`Take 2/2K Games use AWS and Amazon cloud-computing services for, inter
`
`alia, servers, computing, storage, and to provide the infrastructure to deliver its games to
`
`internet-connected gaming platforms such as X-Box, PlayStation, Nintendo, and Personal
`
`Computers.
`
`11.
`
`AWS utilizes various servers and other cloud-computing infrastructure owned
`
`by Amazon.
`
`12.
`
`Beginning with the release of NBA 2K17 on September 20, 2016 and continuing
`
`to the present, Take 2 and/or 2K Games have released annually a companion application (the
`
`“App”) for mobile devices that allows users to, among other things, redeem game codes, obtain
`
`video game information and news, and customize their in-game characters.
`
`13.
`
`To further customize their characters, the App allows users to “SCAN YOUR
`
`FACE” and upload it onto a player in the game. The App’s face scanning feature requires that
`
`a user log in to their gaming platform account, then pose their face in thirteen different
`
`directions while taking pictures with their mobile device in front of their face.
`
`14.
`
`15.
`
`The data collected from the App is compressed and uploaded to a Take 2 server.
`
`After the user scans his or her face using the App, s/he connects to the internet
`
`by means of a gaming platform (e.g., X-box, PlayStation, Nintendo) and logs into his/her user
`
`account to initiate the process for uploading his/her face onto a player in the game.
`
`16. When the user initiates the process to upload his/her face onto a player in the
`
`game, the gaming platform makes the request to AWS and/or Amazon servers. AWS and/or
`
`Amazon then retrieves the face-scan data from the Take 2 server and converts it into a face
`
`geometry of the user on the AWS and/or Amazon servers, using AWS and/or Amazon
`
`computing power. The face geometry, along with other information based on the face
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`CLASS ACTION COMPLAINT - 3
`
`TOUSLEY BRAIN STEPHENS PLLC 
`1200 Fifth Avenue, Suite 1700 
`Seattle, Washington  98101 
`TEL. 206.682.5600  FAX 206.682.2992 
`
`

`

`Case 2:21-cv-01473 Document 1 Filed 10/29/21 Page 4 of 53
`
`
`geometry that can be used to identify the person, is thereafter transmitted through one or more
`
`AWS and/or Amazon servers to the user’s gaming platform. The data is also stored by AWS
`
`and/or Amazon at each AWS/Amazon server location through which it is transmitted.
`
`17.
`
`18.
`
`The face geometry constitutes a “biometric identifier” regulated by BIPA.
`
`The data based on the face geometry that can be used to identify the user
`
`constitutes “biometric information” regulated by BIPA.
`
`19.
`
`AWS and/or Amazon possess, collect, capture, purchase, receive through trade,
`
`or otherwise obtain these biometric identifiers and/or biometric information, yet over the past
`
`five years, AWS and/or Amazon have violated Plaintiff and the Class Members’ rights under
`
`BIPA on numerous occasions by, inter alia:
`
` not properly informing Plaintiff and Class Members in writing
`that AWS/Amazon was collecting or storing their biometric
`identifiers and/or biometric information as required by 740
`ILCS 14/15(b)(1);
`
` not informing Plaintiff and Class Members in writing of the
`specific purpose and length of term for which her biometric
`identifiers and/or biometric information was being collected,
`stored, and used as required by 740 ILCS 14/15(b)(2);
`
` collecting, obtaining, using and/or storing biometric identifiers
`and/or biometric information without first obtaining the written
`release executed by Plaintiff and Class Members required by
`740 ILCS 14/15(b)(3);
`
` not developing, making available, and/or complying with a
`written policy establishing a retention schedule and guidelines
`for permanently destroying biometric
`identifiers and/or
`biometric information as required by 740 ILCS 14/15(a);
`
` selling, leasing, trading, or otherwise profiting from the
`biometric identifiers and/or biometric information of Plaintiff
`and Class Members in violation of 740 ILCS 14/15(c); and/or
`
` disclosing, redisclosing, or otherwise disseminating
`the
`biometric identifiers and/or biometric information of Plaintiff
`
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`CLASS ACTION COMPLAINT - 4
`
`TOUSLEY BRAIN STEPHENS PLLC 
`1200 Fifth Avenue, Suite 1700 
`Seattle, Washington  98101 
`TEL. 206.682.5600  FAX 206.682.2992 
`
`

`

`Case 2:21-cv-01473 Document 1 Filed 10/29/21 Page 5 of 53
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`and Class Members, without satisfying the requirements of 740
`ILCS 14/15(d)(1)-(4).
`
`20.
`
`Defendants have also been unjustly enriched at the expense of Plaintiff and the
`
`
`
`Class.
`
`21.
`
`Accordingly, Plaintiff seeks to represent a class of similarly situated individuals
`
`to obtain an Order: (A) awarding Plaintiff and each Class Member statutory damages of $5,000
`
`for each willful and/or reckless violation of BIPA pursuant to 740 ILCS 14/20(2), or, in the
`
`alternative, statutory damages of $1,000 for each negligent violation of BIPA pursuant to 740
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`ILCS 14/20(1); (B) disgorging the ill-gained profits of AWS and Amazon; (C) enjoining AWS
`
`and Amazon from possessing, collecting, obtaining, storing, using, selling, leasing, trading, or
`
`profiting from Plaintiff’s and the Class Members’ biometric identifiers and biometric
`
`information until done so in compliance with BIPA; (D) awarding Plaintiff and the Class
`
`Members reasonable attorneys’ fees, costs, and other expenses pursuant to 740 ILCS 14/20(3);
`
`(E) awarding Plaintiff and the Class Members pre-and post-judgment interest, as provided by
`
`law; and (F) awarding such other and further relief as is just and appropriate.
`
`BACKGROUND
`
`Illinois’ Biometric Information Privacy Act
`
`22.
`
`The Illinois General Assembly enacted BIPA in 2008 to establish standards of
`
`conduct for private entities that collect or possess biometric identifiers and biometric
`
`information. BIPA “vests in individuals and customers the right to control their biometric
`
`information.” Rosenbach v. Six Flags Entm’t Corp., 2019 IL 123186, ¶ 34 (Ill. 2019).
`
`23.
`
`The Illinois General Assembly noted that BIPA was carefully crafted to protect
`
`biometric data because “unlike other unique identifiers that are used to access finances or other
`
`sensitive information,” one’s own biometric identifiers cannot be changed; “[t]herefore, once
`
`CLASS ACTION COMPLAINT - 5
`
`TOUSLEY BRAIN STEPHENS PLLC 
`1200 Fifth Avenue, Suite 1700 
`Seattle, Washington  98101 
`TEL. 206.682.5600  FAX 206.682.2992 
`
`

`

`Case 2:21-cv-01473 Document 1 Filed 10/29/21 Page 6 of 53
`
`
`compromised, the individual has no recourse, is at heightened risk for identity theft, and is
`
`likely to withdraw from biometric-facilitated transactions.” 740 ILCS 14/5(c).
`
`24.
`
`The legislative findings also acknowledge that “[t]he full ramifications of
`
`biometric technology are not fully known.” Id. § 14/5(f). Accordingly, the General Assembly
`
`found that “[t]he public welfare, security, and safety will be served by regulating the collection,
`
`use, safeguarding, handling, storage, retention, and destruction of biometric identifiers and
`
`information.” Id. § 14/5(g).
`
`25.
`
`Courts have likewise explained that once biometric data has been collected and
`
`disseminated, there is no form of recourse to undo the threats of financial harm and the
`
`invasions to personal privacy and security available to a malicious actor. An Illinois Appellate
`
`Court explained:
`
`A person cannot obtain new DNA or new fingerprints or new
`eyeballs for iris recognition, at least not easily or not at this time.
`Replacing a biometric identifier is not like replacing a lost key or
`a misplaced identification card or a stolen access code. The Act’s
`goal is to prevent irretrievable harm from happening and to put in
`place a process and rules to reassure an otherwise skittish public.
`
`
`Sekurav. Krishna Schaumburg Tan, Inc., 2018 IL App (1st) 180175, ¶ 59, 115 N.E.3d 1080,
`
`1093, appeal denied, 119 N.E.3d 1034 (Ill. 2019).
`
`26.
`
`The Seventh Circuit has also stated that biometric data is “meaningfully
`
`different” from other personal information, such as addresses, dates of birth, telephone
`
`numbers, and credit card and social security numbers, because of the “inherent sensitivity of
`
`biometric data,” which is “immutable, and once compromised, [is] compromised forever—as
`
`the legislative findings in BIPA reflect.” Fox v. Dakkota Intergrated Sys., LLC, 980 F.3d 1146,
`
`1155 (7th Cir. 2020).
`
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`CLASS ACTION COMPLAINT - 6
`
`TOUSLEY BRAIN STEPHENS PLLC 
`1200 Fifth Avenue, Suite 1700 
`Seattle, Washington  98101 
`TEL. 206.682.5600  FAX 206.682.2992 
`
`

`

`Case 2:21-cv-01473 Document 1 Filed 10/29/21 Page 7 of 53
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`27.
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`Furthermore, the biometric data of minors needs extra protection because
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`“before minors come of age their immutable biometric or health-related data could be
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`collected,” causing permanent damage.1 Accordingly, in BIPA’s consent regime, the General
`
`Assembly mandated that private entities obtain a written release executed by the subject’s
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`“legally authorized representative.” 740 ILCS 14/15(b); see also id. § 15(d).
`
`28.
`
`“Biometric identifiers” covered by BIPA include retina or iris scans,
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`fingerprints, voiceprints, and scans of hand or face geometry, none of which can be changed if
`
`compromised. 740 ILCS 14/10.
`
`29.
`
`“Biometric information” covered by BIPA includes “any information, regardless
`
`of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier
`
`used to identify an individual.” Id.
`
`30.
`
`BIPA makes it unlawful for any private entity to, inter alia, “collect, capture,
`
`purchase, receive through trade, or otherwise obtain a person’s or a customer’s biometric
`
`identifier or biometric information unless it first: (1) informs the subject . . . in writing that a
`
`biometric identifier or biometric information is being collected or stored; (2) informs the
`
`subject . . . in writing of the specific purpose and length of term for which a biometric identifier
`
`or biometric information is being collected, stored, and used; and (3) receives a written release
`
`executed by the subject of the biometric identifier or biometric information . . . .” 740 ILCS
`
`14/15(b).
`
`
`1 See Stacy-Ann Elvy, Commodifying Consumer Data in the Era of the Internet of Things, 59 B.C. L. Rev. 423,
`447 (2018); see also Doe-3 v. McLean Cnty. Unit Dist. No. 5 Bd. of Dirs., 2012 IL 112479, ¶ 36 (Ill. 2012)
`(“‘[T]the welfare and protection of minors has always been considered one of the State’s most fundamental
`interests.’ . . . ‘The performance of this duty is justly regarded as one of the most important of governmental
`functions, and all constitutional limitations must be so understood and construed as not to interfere with its proper
`and legitimate exercise.’”) (quoting Am. Fed. of State, Cnty. & Mun. Emp. v. Dep’t of Central Mgmt. Servs., 173
`Ill. 2d 299, 311 (1996); Cnty. of McLean v. Humphreys, 104 Ill. 378, 383 (1882); People v. Huddleston, 212 Ill. 2d
`107, 133 (2004)).
`
`CLASS ACTION COMPLAINT - 7
`
`TOUSLEY BRAIN STEPHENS PLLC 
`1200 Fifth Avenue, Suite 1700 
`Seattle, Washington  98101 
`TEL. 206.682.5600  FAX 206.682.2992 
`
`

`

`Case 2:21-cv-01473 Document 1 Filed 10/29/21 Page 8 of 53
`
`
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`31.
`
`Furthermore, BIPA requires that any “private entity in possession of biometric
`
`identifiers or biometric information must develop a written policy, made available to the public,
`
`establishing a retention schedule and guidelines for permanently destroying biometric
`
`identifiers and biometric information when the initial purpose for collecting or obtaining such
`
`identifiers or information has been satisfied or within 3 years of the individual’s last interaction
`
`with the private entity, whichever occurs first.” 740 ILCS 14/15(a).
`
`32.
`
`BIPA also provides that “[n]o private entity in possession of a biometric
`
`identifier or biometric information may sell, lease, trade, or otherwise profit from a person’s or
`
`a customer’s biometric identifier or biometric information.” 740 ILCS 14/15(c).
`
`33.
`
`Finally, BIPA makes it unlawful for any private entity in possession of a
`
`biometric identifier to “disclose, redisclose, or otherwise disseminate a person’s or a customer’s
`
`biometric identifier or biometric information unless: (1) the subject of the biometric identifier
`
`or biometric information . . . consents to the disclosure or redisclosure; (2) the disclosure or
`
`redisclosure completes a financial transaction requested or authorized by the subject of the
`
`biometric identifier . . . ; (3) the disclosure or redisclosure is required by State or federal law or
`
`municipal ordinance; or (4) the disclosure is required pursuant to a valid warrant or subpoena
`
`issued by a court of competent jurisdiction.” 740 ILCS 14/15(d).
`
`34.
`
`BIPA provides for a private right of action: “Any person aggrieved by a
`
`violation of this Act shall have a right of action in a State circuit court or as a supplemental
`
`claim in federal district court against an offending party.” 740 ILCS 14/20.
`
`35.
`
`The Illinois Supreme Court has explained that a person whose biometric
`
`identifiers are the subject of violations of section 15 of BIPA is “aggrieved” by the entity’s
`
`failure to comply with BIPA and is “entitled to seek recovery” under Section 14/20.
`
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`CLASS ACTION COMPLAINT - 8
`
`TOUSLEY BRAIN STEPHENS PLLC 
`1200 Fifth Avenue, Suite 1700 
`Seattle, Washington  98101 
`TEL. 206.682.5600  FAX 206.682.2992 
`
`

`

`Case 2:21-cv-01473 Document 1 Filed 10/29/21 Page 9 of 53
`
`
`Rosenbach v. Six Flags Entm’t Corp., 2019 IL 123186, ¶ 33 (“[W]hen a private entity fails to
`
`comply with one of section 15’s requirements, that violation constitutes an invasion,
`
`impairment, or denial of the statutory rights of any person or customer whose biometric
`
`identifier or biometric information is subject to the breach. Consistent with the authority cited
`
`above, such a person or customer would clearly be ‘aggrieved’ within the meaning of section
`
`20 of the Act (id. § 20) and entitled to seek recovery under that provision. No additional
`
`consequences need be pleaded or proved. The violation, in itself, is sufficient to support the
`
`individual’s or customer’s statutory cause of action.”).
`
`36.
`
`Under BIPA, “[a] prevailing party may recover for each violation: (1) against a
`
`private entity that negligently violates a provision of this Act, liquidated damages of $1,000 or
`
`actual damages, whichever is greater; (2) against a private entity that intentionally or recklessly
`
`violates a provision of this Act, liquidated damages of $5,000 or actual damages, whichever is
`
`greater; (3) reasonable attorneys’ fees and costs, including expert witness fees and other
`
`litigation expenses; and (4) other relief, including an injunction, as the State or federal court
`
`may deem appropriate.” Id. (emphasis added).
`
`37.
`
`Each part of section 15 described above “imposes various duties upon which an
`
`aggrieved person may bring an action under section 20. Though all relate to protecting
`
`biometric data, each duty is separate and distinct. A private entity could violate one of the
`
`duties while adhering to the others, and an aggrieved person would have a cause of action for
`
`violation of that duty. Moreover, as section 20 provides that a ‘prevailing party may recover
`
`for each violation’ (740 ILCS 14/20 (West 2018)), a plaintiff who alleges and eventually
`
`proves violation of multiple duties could collect multiple recoveries of liquidated damages. Id.
`
`§ 20(1), (2).” Tims v. Black Horse Carriers, Inc., 2021 IL App (1st) 200563, ¶ 30.
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`CLASS ACTION COMPLAINT - 9
`
`TOUSLEY BRAIN STEPHENS PLLC 
`1200 Fifth Avenue, Suite 1700 
`Seattle, Washington  98101 
`TEL. 206.682.5600  FAX 206.682.2992 
`
`

`

`Case 2:21-cv-01473 Document 1 Filed 10/29/21 Page 10 of 53
`
`
`
`38. Moreover, under BIPA, each instance of obtaining or disseminating a person’s
`
`biometric data without consent constitutes a separate violation for which recovery can be had.
`
`See Cothron v. White Castle Sys., Inc., 477 F. Supp. 3d 723, 732–34 (N.D. Ill. 2020) (“[The
`
`statutory] text is unambiguous and therefore dispositive. A party violates Section 15(b) when it
`
`collects, captures, or otherwise obtains a person’s biometric information without prior informed
`
`consent. This is true the first time an entity scans a fingerprint or otherwise collects biometric
`
`information, but it is no less true with each subsequent scan or collection. . . . [T]he Court is
`
`bound by the clear text of the statute . . . . [I]t is not the role of a court—particularly a federal
`
`court—to rewrite a state statute to avoid a construction that may penalize violations
`
`severely. . . . In sum, the Court concludes that [the plaintiff] has alleged multiple timely
`
`violations of both Section 15(b) and Section 15(d). According to BIPA Section 20, she can
`
`recover ‘for each violation.’ 740 ILCS 14/20.”).
`
`Cloud-Computing and AWS Services
`
`39.
`
`Cloud computing is on-demand delivery of technology services, such as
`
`computing power, storage, networking, and databases, over the internet.
`
`40.
`
`AWS provides cloud-computing services to millions of customers across the
`
`world.
`
`41.
`
`AWS’ services include infrastructure technologies, like computing, storage,
`
`databases, and networking, as well as machine learning and analytics. AWS’ services utilize
`
`AWS’ and Amazon’s hardware, software and global infrastructure. Thus, instead of owning
`
`and maintaining physical data centers, servers, or computing power, companies can pay AWS
`
`to provide these services.
`
`
`
`
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`CLASS ACTION COMPLAINT - 10
`
`TOUSLEY BRAIN STEPHENS PLLC 
`1200 Fifth Avenue, Suite 1700 
`Seattle, Washington  98101 
`TEL. 206.682.5600  FAX 206.682.2992 
`
`

`

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`Case 2:21-cv-01473 Document 1 Filed 10/29/21 Page 11 of 53
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`Latency and Edge Computing
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`42.
`
` Latency is the measurement of how long it takes data to travel from its point of
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`origin to its destination.2
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`43.
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`44.
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`A key factor in determining latency is distance.3
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`To decrease latency and improve performance, many companies, including
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`AWS and Amazon, create “edge computing” as part of their network architecture.
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`45.
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`Edge computing relocates key data processing functions from the center of a
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`network to the “edge,” that is, closer to where data is gathered and delivered to end-users.
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`46.
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`Thus, edge computing architecture helps reduce latency by physically locating
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`key processing tasks closer to end users, thereby delivering faster and more responsive
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`services.
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`AWS’ CloudFront and Edge Locations
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`47.
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`AWS and/or Amazon provides a service called Amazon CloudFront
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`(“CloudFront”), which speeds up distribution of content over the internet using an edge
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`computing architecture.
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`48.
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`CloudFront stores and delivers content through AWS’s and/or Amazon’s
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`worldwide network of data centers called Edge Locations and Regional Edge Caches.
`
`
`2 Kaylie Gyarmathy, How to Reduce Latency with Edge Computing and Network Optimization, VXCHNGE (Oct.
`4, 2019), https://www.vxchnge.com/blog/how-data-center-reduces-latency [https://archive.md/ExCZO].
`3 Id.
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`CLASS ACTION COMPLAINT - 11
`
`TOUSLEY BRAIN STEPHENS PLLC 
`1200 Fifth Avenue, Suite 1700 
`Seattle, Washington  98101 
`TEL. 206.682.5600  FAX 206.682.2992 
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`Case 2:21-cv-01473 Document 1 Filed 10/29/21 Page 12 of 53
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`49.
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`CloudFront Edge Locations are connected to the Regional Edge Caches
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`“through the AWS network backbone—fully redundant, multiple 100GbE [Gigabit Ethernet]
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`parallel fiber that circles the globe and links with tens of thousands of networks . . . .”4
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`50.
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`“To deliver content to end users with lower latency, Amazon CloudFront uses a
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`global network of 225+ Points of Presence (215+ Edge locations and 13 regional mid-tier
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`caches) in 90 cities across 47 countries.”5
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`51.
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`Six of these Edge Locations are currently located in Chicago, Illinois.
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`52. When a user requests content, the request is routed to the closest Edge Location
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`that provides the lowest latency, so that content is delivered with the best possible performance.
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`53.
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`If the content is already stored in the Edge Location with the lowest latency,
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`CloudFront delivers it to the user immediately.
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`54.
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`If the content is not in that Edge Location, CloudFront attempts to retrieve the
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`content from a Regional Edge Cache if it is stored there. If the content is in the Regional Edge
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`Cache, it is delivered to the Edge Location, and from there, sent to the end user.
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`55.
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`If the content is not stored in the Regional Edge Cache, CloudFront requests the
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`content from the Origin Server where it is stored. The Origin Server, which may or may not be
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`owned by AWS/Amazon, sends the content to the AWS Regional Edge Cache, which sends the
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`content to the AWS Edge Location. CloudFront then delivers the content to the end-user from
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`the Edge Location.
`
`
`
`
`4 Amazon CloudFront Key Features, https://aws.amazon.com/cloudfront/features/ (last visited Oct. 10, 2021)
`[https://archive.md/h2hCx].
`5 Id.
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`CLASS ACTION COMPLAINT - 12
`
`TOUSLEY BRAIN STEPHENS PLLC 
`1200 Fifth Avenue, Suite 1700 
`Seattle, Washington  98101 
`TEL. 206.682.5600  FAX 206.682.2992 
`
`

`

`Case 2:21-cv-01473 Document 1 Filed 10/29/21 Page 13 of 53
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`56.
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`This process is depicted as follows:
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`Figure 1: Content already stored at AWS/Amazon Edge Location:
`
`
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`CLASS ACTION COMPLAINT - 13
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`TOUSLEY BRAIN STEPHENS PLLC 
`1200 Fifth Avenue, Suite 1700 
`Seattle, Washington  98101 
`TEL. 206.682.5600  FAX 206.682.2992 
`
`

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`Case 2:21-cv-01473 Document 1 Filed 10/29/21 Page 14 of 53
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`Figure 2: Content already stored at AWS/Amazon Regional Edge Cache:
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`Figure 3: Content not currently stored at AWS/Amazon Edge Location
`or AWS/Amazon Regional Edge Cache:
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`CLASS ACTION COMPLAINT - 14
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`
`
`TOUSLEY BRAIN STEPHENS PLLC 
`1200 Fifth Avenue, Suite 1700 
`Seattle, Washington  98101 
`TEL. 206.682.5600  FAX 206.682.2992 
`
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`Case 2:21-cv-01473 Document 1 Filed 10/29/21 Page 15 of 53
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`57.
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`During this process, the content is also stored in each Regional Edge Cache
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`and/or Edge Location to/from which it is delivered.
`
`58.
`
`The purpose of storing the content in the Edge Location and/or Regional Edge
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`Cache is to reduce the latency for the next time the user requests the content.
`
`AWS and Amazon Infrastructure
`
`59.
`
`The servers at the AWS Edge Locations and AWS Regional Edge Caches are
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`hosted by Amazon, which also owns the CloudFront IP addresses.
`
`60.
`
`Furthermore, Amazon owns, leases, operates and/or controls the data centers
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`used by AWS. For instance, in Amazon’s most recent 10-K, Amazon stated that, as of
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`December 31, 2020, it operated 294,138 square feet of property in North American for
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`fulfillment, data centers, and other operations (285,677 sq. feet leased and 8,461 sq. feet owned
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`by Amazon).6 Of this, AWS leased 10,599 sq. feet and owned 7,465 sq. feet.
`
`61.
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`Amazon’s 10-K also explained that it has “shared facilities” which are “facilities
`
`that hold our technology infrastructure.”7
`
`62.
`
`Amazon further explained that it “leverage[s] a shared infrastructure that
`
`supports both our internal technology requirements and external sales to AWS customers.”8
`
`63.
`
`Amazon stated that its “[i]nfrastructure costs include servers, networking
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`equipment, and data center related depreciation and amortization, rent, utilities, and other
`
`expenses necessary to support AWS and other Amazon businesses. Collectively, these costs
`
`
`6 Amazon 2020 10-K, p. 16 Item 2 (Feb. 2, 2021), available at
`https://www.sec.gov/ix?doc=/Archives/edgar/data/1018724/000101872421000004/amzn-20201231.htm
`[https://archive.md/wWgQB].
`7 Id. at 16, Item 2, n.1.
`8 Id. at 27
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`CLASS ACTION COMPLAINT - 15
`
`TOUSLEY BRAIN STEPHENS PLLC 
`1200 Fifth Avenue, Suite 1700 
`Seattle, Washington  98101 
`TEL. 206.682.5600  FAX 206.682.2992 
`
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`Case 2:21-cv-01473 Document 1 Filed 10/29/21 Page 16 of 53
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`reflect the investment [they] make in order to offer a wide variety of products and services to
`
`our customers.”9
`
`64.
`
`AWS and Amazon have hundreds of employees at their office in Chicago, who
`
`are focused on its web services. In 2019, Amazon added 70,000 square feet to this location and
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`nearly doubled the number of employees at this office.10 Many of these employees perform
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`work related to what AWS/Amazon calls “computer vision,” which “allows machines to
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`identify people, places, and things in images with accuracy at or above human levels with much
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`greater speed and efficiency.”11 These employees also include engineers that maintain edge
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`servers and programmers that create and monitor software for these servers. AWS/Amazon
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`also develops “computer vision” applications that are marketed to third parties.12
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`AWS/Amazon performs marketing and sales for computer vision and facial modeling software
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`and services out of their Chicago, Illinois office.
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`AWS/Amazon and Gaming
`
`65.
`
`AWS provides video game companies, inter alia, server access, storage,
`
`infrastructure, and computing power for online gaming that is cheaper and more reliable than
`
`individually-owned servers and infrastructure.
`
`66.
`
`To provide such services, AWS utilizes the extensive cloud-computing
`
`infrastructure of AWS and Amazon.
`
`
`
`9 Id. at 28.
`10 Lauren Zumbach, Amazon’s Chicago Loop office is doubling its head count, adding 400 workers, Chicago
`Tribune (Sept. 16, 2019), https://www.chicagotribune.com/business/ct-biz-amazon-chicago-office-expansion-
`20190916-2g4gjzjg6jh2ld4mkf6giepzge-story.html [https://archive.md/LQf4F].
`11 What is Computer Vision?, https://aws.amazon.com/computer-vision/ (last visited Oct. 10, 2021)
`[https://archive.md/0KfiJ].
`12 Id.
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`CLASS ACTION COMPLAINT - 16
`
`TOUSLEY BRAIN STEPHENS PLLC 
`1200 Fifth Avenue, Suite 1700 
`Seattle, Washington  98101 
`TEL. 206.682.5600  FAX 206.682.2992 
`
`

`

`Case 2:21-cv-01473 Document 1 Filed 10/29/21 Page 17 of 53
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`67.
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`According to AWS, “video game makers are using the cloud to deliver online
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`games to millions of players around the world.”13
`
`68.
`
`Currently, “90% of the world’s biggest public game companies are using
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`AWS.”14
`
`69.
`
`Latency is important for the online gaming user experience because it reflects
`
`the amount of time between a user giving a command on a controller or keyboard and the
`
`user’s player moving on his respective screen. High latency, sometimes called lag, may make
`
`it difficult or even impossible for a user to play or compete in an online game. For this reason,
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`Amazon and AWS have gone to great lengths to create a low latency gaming infrastructure.
`
`70.
`
`AWS’/Amazon’s Edge Locations are important for online-based gaming
`
`because they help reduce latency by providing servers in edge data centers closer to where
`
`gamers are physically located. If players in a particular region are logged into servers that can
`
`be reached with minimal latency, they will have a better experience than if they are logged into
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`servers on the other side of the country with higher latency.
`
`71. When playing an online game that utilizes AWS/Amazon infrastructure, it
`
`appears as though the gaming platform is transmitting images to the user’s television. In fact,
`
`users communicate with AWS/Amazon through the gaming platform and controllers, and AWS
`
`and/or Amazon stores, retrieves, relocates, and transmits the data to the gaming platform,
`
`which then delivers the images to the television or screen.
`
`72.
`
`During online game play, there is constant and continuous exchange of
`
`information between the Illinois user and the Edge Location (and Regional Edge Cache and
`
`
`13 What is Cloud Computing?, https://aws.amazon.com/what-is-cloud-computing/ (last visited Oct. 10, 2021)
`[https://archive.md/nXOuh].
`14 https:/