e-document T-2533-23-ID 1

F D
I FEDERAL COURT É
L COUR FÉDÉRALE P
E O
D S
November 28, 2023 É
28 novembre 2023
Court File No. T-
FEDERAL COURT John Gornick
B E T W E E N:
TOR 1

(Court Seal)

COGNOSPHERE PTE. LTD. d.b.a. HOYOVERSE

Plaintiff

-and-

JOAQUIN SORIANO (also known as JOAQUIN ZHANG and also

known as TAIGA) AND JOHN DOES (as defined at paragraph 5 of
the Statement of Claim)
Defendants

STATEMENT OF CLAIM

TO THE DEFENDANTS:

A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by

the plaintiff. The claim made against you is set out in the following pages.

IF YOU WISH TO DEFEND THIS PROCEEDING, you or a solicitor acting

for you are required to prepare a statement of defence in Form 171B prescribed by the
Federal Courts Rules, serve it on the plaintiff's solicitor or, if the plaintiff does not
have a solicitor, serve it on the plaintiff, and file it, with proof of service, at a local
office of this Court

WITHIN 30 DAYS after the day on which this statement of claim is served on
you, if you are served in Canada or the United States; or

WITHIN 60 DAYS after the day on which this statement of claim is served on
you, if you are served outside Canada and the United States.

TEN ADDITIONAL DAYS are provided for the filing and service of the
statement of defence if you or a solicitor acting for you serves and files a notice of
intention to respond in Form 204.1 prescribed by the Federal Courts Rules.

Copies of the Federal Courts Rules, information concerning the local offices of
the Court and other necessary information may be obtained on request to the
Administrator of this Court at Ottawa (telephone 613-992-4238) or at any local office.

IF YOU FAIL TO DEFEND THIS PROCEEDING, judgment may be given

against you in your absence and without further notice to you.
 -3-

CLAIM

1. The plaintiff claims:

(a) a declaration that:

(i) copyright subsists in the HoYoverse Works and the plaintiff,

HoYoverse, is the exclusive licensee thereof in Canada;

(ii) the Defendants have individually, collectively and acting in

concert (a) circumvented, (b) offered or provided services to the
public to circumvent, and (c) distributed, offered for sale, or
provided technologies, devices, and/or components to
circumvent the HoYoverse TPMs, contrary to s. 41.1(1)(a)-(c)
of the Copyright Act;

(iii) the Defendants have individually, collectively and acting in

concert, infringed the copyright in the HoYoverse Works
contrary to s. 27(1) of the Copyright Act;

(iv) the Defendants have individually, collectively and acting in

concert infringed the copyright in the HoYoverse Works
contrary to s. 27(2) of the Copyright Act;

(v) the Defendants have individually, collectively and acting in

concert provided services primarily for the purposes of enabling
acts of copyright infringement of the HoYoverse Works by
means of the Internet or another digital network contrary to s.
27(2.3) of the Copyright Act;

(b) interim, interlocutory, and permanent injunctions to restrain the

Defendants, including their officers, directors, servants, employees,
workers, agents, or any other persons under their direction, power, or
control from:
 -4-

(i) circumventing; offering services to the public for the purpose of

circumventing; or manufacturing, distributing, offering for sale,
or otherwise providing technologies, devices, and/or
components that circumvent, the HoYoverse TPMs;

(ii) selling or renting; distributing; by way of trade distributing,

exposing or offering for sale or rental, or exhibiting in public; or
possessing for the purpose of selling, renting, distributing or
trading any copies of the HoYoverse Works or substantial parts
thereof or any goods containing the HoYoverse Works or
substantial parts thereof;

(iii) using the Internet or any other digital network to provide

services to the public for the purposes of enabling acts of
copyright infringement vis-à-vis the HoYoverse Works;

(c) an order directing the Defendants to deliver up all goods, articles,

works, technologies, devices, components, or other materials in the
Defendants’ possession or control, or that may come into the possession
or control of the Defendants, that offend against any injunction issued;

(d) an order awarding the plaintiff:

(i) damages, statutory damages, and/or an accounting of the

Defendants’ profits, as the plaintiff may elect, in excess of
$50,000;

(ii) punitive and exemplary damages;

(iii) pre- and post-judgment interest on all monetary relief at the

highest possible scale; and

(iv) costs incidental to this action on the highest possible scale, or

such other basis as this Honourable Court may Order, plus all
applicable taxes, and including all disbursements.
 -5-

(e) such further and other relief as counsel may advise and this Honourable
Court deems just.

The Parties

2. The plaintiff, Cognosphere Pte. Ltd., doing business under the name
HoYoverse (“HoYoverse”), is a corporation organized and existing under the laws of
Singapore with a place of business at 1 One-north Cres, Singapore.

3. HoYoverse is a publisher and distributer of popular video game titles including

Genshin Impact, Honkai: Star Rail, Tears of Themis and others (the “HoYoverse
Games”). HoYoverse has partnered with miHoYo Co., Ltd (“miHoYo”), the company
overseeing the creation and development of the HoYoverse Games. Through its
partnership with miHoYo, HoYoverse has responsibility for the distribution and
publishing of the HoYoverse Games in various geographic markets including Canada.
Together, HoYoverse and miHoYo are leaders in the field of interactive entertainment
and computer and mobile games.

4. The defendant, Joaquin Soriano (“Soriano”), is an individual residing in the

Province of Alberta, with a home address of 2421A Westmount Road NW, Calgary,
Alberta T2N 3N9. Soriano is also known as Joaquin Zhang and uses the online alias
“Taiga”. Soriano is a software developer and self-proclaimed game hacker. Soriano is
a member of game hacking groups including “Akebi Group”, “Crepe Team” and others
unknown to HoYoverse.

5. The defendant, John Does, are unknown natural persons who collaborated with
Soriano as members of the game hacking groups including “Akebi Group” and “Crepe
Team”. The John Does use online aliases including “Callow” (“John Doe Callow”),
Belizardd (“John Doe Belizardd”), Witch God Solael (“John Doe Solael”) and others
that are unknown to HoYoverse but known to Soriano and each other. Soriano and the
John Does are collectively referred to as the Defendants.
 -6-

Genshin Impact

6. Genshin Impact is an online action role-playing game that was created and
developed by miHoYo through its subsidiary, Shanghai miHoYo TianMing
Technology Co., Ltd. (“miHoYo TianMing”). The development of Genshin Impact by
miHoYo TianMing and its employees involved significant creative effort and expense.
Genshin Impact is available on Android, iOS, PlayStation 4 & 5, and Windows
platforms. Genshin Impact was publicly released by miHoYo in September 2020. Since
February 2022, Genshin Impact has been distributed and published in various
geographic markets including in Canada, by HoYoverse. HoYoverse has distributed
and published Genshin Impact with regular expansions, updates, and patches using a
“games as a service” model.

7. Genshin Impact players freely explore open-world maps, performing quests,

engaging in battles, collecting items, and interacting with non-player characters to
advance through a storyline. The game includes single player and online co-operative
play modes.

8. Genshin Impact is free to download and play and is monetized through optional
in-game purchases. Players may choose to purchase special in-game currency and in-
game items, each of which may improve or personalize gameplay and may allow
players to progress more quickly within the game. For example, in-game currency may
facilitate advancement by unlocking additional characters, weapons, outfits, special
items and more.

9. Upon its launch, Genshin Impact immediately achieved enormous commercial

success and critical acclaim. In 2020, Genshin Impact was awarded “iPhone Game of
the Year” by Apple’s App Store and “Best Game of 2020” by Google Play. It has won
numerous other awards, including for its visuals and graphics. It has achieved revenues
in the billions of dollars.

10. The success of Genshin Impact is the result of substantial creative and financial
investment in product and game development, intellectual property, marketing, and
community development by HoYoverse and miHoYo. Genshin Impact had an initial
 -7-

development budget of around $100 million USD as well as around $200 million USD
annually for development of updates, expansions, and patches. This makes Genshin
Impact one of the most expensive games ever developed.

11. The plaintiff, HoYoverse, is the exclusive licensee in Canada of intellectual

property rights associated with Genshin Impact, including all copyright and the right
to prevent circumvention of its technical protection measures (“TPMs”).

TPMs employed by HoYoverse in Genshin Impact

12. The popularity of Genshin Impact has made HoYoverse the target of “hackers”
and intellectual property infringers who seek to benefit from HoYoverse’s innovation,
investment, and goodwill; at the expense of HoYoverse, its customers, and the gaming
community.

13. Hackers engage in illicit “hacking” activities that disrupt gameplay and devalue
Genshin Impact and harm the Genshin Impact community. These activities include
“cheating” (gaining unfair advantages during game play) and “modding” (developing
unauthorized modifications to the game to alter the gameplay experience). Hackers
congregate on online platforms and forums, including but not limited to github.com,
discord.com, reddit.com and youtube.com, where they join together in discussing,
developing, marketing, distributing, selling and supporting game hacks.

14. Cheats, modifications and hacks are illicit activities that are strictly prohibited
by the Genshin Impact Terms of Service (available online at:
https://genshin.hoyoverse.com/en/company/terms), which any person who downloads
or uses Genshin Impact must agree to before doing so (the “TOS”). The HoYoverse
TOS provides notice that “Cheat Detection software or features” are employed to
identify any “programs, methods, processes or other programs with software or
hardware on any formats that may give Users an unfair competitive advantage” within
Genshin Impact. The HoYoverse Terms of Service further provide that any licence
 -8-

granted or right to use the Genshin Impact software is terminated if the Cheat Detection
Software is not installed, removed, or otherwise disabled.

15. In order to preserve the integrity of Genshin Impact and its gameplay,
HoYoverse employs multiple security measures, or TPMs, (the “Genshin Impact
TPMs”) designed to prevent cheating or modification of the Genshin Impact code.

16. Genshin Impact uses two main TPMs, which operate on two different
permission levels: the application layer protection and the kernel layer protection. The
application layer protection and kernel layer protection are both designed to prevent
unlawful modification of the Genshin Impact code and are TPMs as defined by Section
41 of the Copyright Act.

17. The application layer protection TPM is loaded when the game starts. The
application layer security protection performs checks and scans to confirm the integrity
of the game’s modules, ensure proper in-game software values, and detect malicious
code in the processes. After the application layer protection performs its integrity scan
it calculates a non-duplicative unique hash value and reports it to the server. During
initialization of the application layer protection, it loads the driver file for the kernel
layer protection to block malicious operations by external processes. The kernel layer
protection TPM operates in a high-privilege environment and can obtain more detailed
data on the game processes for use by the application layer protection. The kernel layer
protection is responsible for limiting the operating permissions of external processes
on the game process, for example prohibiting high-risk operations like reading and
writing memory (e.g., tampering with game memory or injecting malicious code).

Copyright in Genshin Impact

18. HoYoverse is, and at all material times has been, the exclusive licensee in
Canada of all right, title and interest in and to the copyright in the Genshin Impact code
and the resulting expression of works consisting of literary (including code, text,
scripts, functions, menus, storylines, character dialogue etc.), artistic (including images
 -9-

and videos of landscape, characters and in-game objects), and audio works embodied
within Genshin Impact, (the “Genshin Impact Works”).

19. In particular, the Genshin Impact Works include the design and drawings of
Genshin Impact characters. The copyright in certain Genshin Impact characters has
been registered in Canada by miHoYo TianMing, including Canadian Copyright
Registration Nos., 1207867 and 1207868 for the Genshin Impact character Raiden
Shogun, and Registration Nos. 1207869 and 1207870 for the Genshin Impact character
Mona.

20. The copyrights in the Genshin Impact Works are presently valid and subsisting
and were valid and subsisting at all times affecting the matters complained of herein.
The Genshin Impact Works are original works arising from the skills, resources, and
creative energies of miHoYo TianMing and its employees and constitute works made
in the course of employment pursuant to subsection 13(3) of the Copyright Act. The
Genshin Impact Works have been exclusively licensed to HoYoverse for use in
geographic markets including Canada. The Genshin Impact Works underpin the
success of Genshin Impact and are of great value to HoYoverse.

21. Further, the HoYoverse Terms of Service Agreement, which governs any use
or access to Genshin Impact, provides notice and identifies HoYoverse as the owner of
all intellectual property in Genshin Impact.

22. HoYoverse relies on the presumption of subsistence and ownership provided

by subsection 34.1(1) of the Copyright Act.

Honkai: Star Rail and Other HoYoverse Games – Copyright and TPMs

23. Honkai: Star Rail is an online, turn-based, action role-playing game that was
created and developed by miHoYo through its subsidiary Shanghai miHoYo
Haiyuancheng Technology Co., Ltd (“miHoYo Haiyuancheng”). The development of
Honkai: Star Rail by miHoYo Haiyuancheng and its employees involved significant
creative effort and expense. Honkai: Star Rail is available on Android, iOS, PlayStation
5, and Windows platforms. Honkai: Star Rail was released in April 2023 and has been
 -10-

distributed and published by HoYoverse with regular expansions, updates and patches
using a “games as a service” model.

24. Honkai: Star Rail has gained enormous success with over 19 million downloads
in the first three month. Honkai: Star Rail has also achieved tremendous commercial
success as it achieved approximately $500 million in revenue from April 26 to July 25,
2023. The success of Honkai: Star Rail is the result of substantial creative and financial
investment in product and game development, intellectual property, marketing, and
community development by HoYoverse and miHoYo.

25. Like Genshin Impact, Honkai: Star Rail has become the target of hackers and
intellectual property infringers who engage in illicit activities including hacking,
cheating and modding. To combat these illicit activities and preserve the integrity of
Honkai: Star Rail and its gameplay, HoYoverse employs multiple TPMs (the “Honkai:
Star Rail TPMs”). The Honkai: Star Rail TPMs are designed to prevent cheating or
modification of the Honkai: Star Rail code and are similar to the Genshin Impact TPMs
discussed above.

26. HoYoverse is, and at all material times has been, the exclusive licensee in
Canada of all right, title and interest in and to the copyright in the Honkai: Star Rail
code and the resulting expression of works consisting of literary (including code, text,
scripts, functions, menus, storylines, character dialogue etc.), artistic (including images
and videos of landscape, characters and in-game objects), and audio works embodied
within Genshin Impact, (the “Honkai: Star Rail Works”)

27. The plaintiff, HoYoverse, is the exclusive licensee of the intellectual property
rights associated with Honkai: Star Rail, including all copyright and the right to prevent
circumvention of its TPMs.

28. HoYoverse is also the exclusive licensee of the intellectual property rights
associated with the other HoYoverse Games, including all copyright and the right to
prevent circumvention of its TPMs.
 -11-

29. The Genshin Impact Works, the Honkai: Star Rail Works and the copyright in
the other HoYoverse Games are collectively referred to as the “HoYoverse Works”.
The Genshin Impact TPMs, the Honkai: Star Rail TPMs and the TPMs employed in
the other HoYoverse Games are collectively referred to as the “HoYoverse TPMs”.

The Defendants’ Unlawful Activities

30. Since at least as early as August 2022 and continuing, the Defendants, have
individually, collectively and/or acting in concert developed, advertised and marketed,
distributed, offered for sale and sold hacking tools for Genshin Impact, including hacks
referred to as “Akebi GC” (short for “Genshin Cheat”), “Acrepi” (a free version of
Akebi GC), and “Genshin XYZ”. The Akebi GC, Acrepi and Genshin XYZ tools
operate to inject malicious code into the Genshin Impact code during loading, to
modify the game contrary to the Genshin Impact TOS. The Akebi GC, Acrepi and
Genshin XYZ tools do not function without Genshin Impact and therefore have no
commercial significance or legitimate purpose and are only useful for illicit use in
hacking the Genshin Impact game and code.

31. Akebi GC is a hacking tool created and developed collectively and

collaboratively by the Defendants. The defendant John Doe, using the online alias
Callow, is the founder of the Akebi GC project and Soriano is the self-proclaimed
“main developer and updater”.

32. Soriano is also the self-proclaimed creator of Genshin XYZ, with support of
unknown John Does. Genshin XYZ operates by injecting malicious code into the
Genshin Impact code during loading. HoYoverse pleads and alleges that Acrepi, a free
version of Akebi GC, operates in substantially the same way as Akebi GC. The full
extent to which Acrepi and Genshin XYZ operate is unknown to HoYoverse but is
known to the Defendants.

33. At least as early as August 2022, Soriano and the defendants made the Akebi
GC code available for public download, including being uploaded to Soriano’s GitHub
and UnknownCheats pages (https://github.com/lwd-temp/Akebi-GC and
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https://www.unknowncheats.me/forum/genshin-impact/512860-akebi-genshin-
cheat.html) by Soriano and Callow.

34. Prospective users of Akebi GC are instructed to download the code, which
includes an executable file named injector.exe or AkebiLauncher.exe (the “Injector”),
depending on the version of the cheat software. Running the Injector prompts the user
to locate the Genshin Impact executable file GenshinImpact.exe, typically stored at
DRIVE:\PROGRAM FILES\GENSHIN IMPACT\GENSHIN IMPACT GAME\.
Once identified, the Injector will launch the Genshin Impact Game and inject the Akebi
GC modified code into the Genshin Impact code.

35. Once the Akebi GC code has been injected into Genshin Impact, the user can
access the Akebi GC cheat menu through their F1 key. The cheat menu allows the user
to toggle on/off various hack functions including the following subset of the functions
available:

(a) god mode (making player invincible);

(b) attack modification (triggering multiple hits and increasing damage);
(c) enemy modification (freezing enemies or rendering them unable to
attack);
(d) no cooldown (allowing unlimited use of sprinting, special attacks, skills
and weapons without recharge time);
(e) unlimited stamina (player’s characters do not run out of energy required
to perform certain actions);
(f) teleporting (player’s characters can teleport to any point on map rather
than running);
(g) automation of tasks (for example player’s characters automatically
collect resources and items from afar);
(h) gameplay modification (skipping plot scenes, animations, and
dialogue);
(i) game visuals modification (changing colour schemes, modifying
camera angles and zoom, hiding items, removing weather effects);
 -13-

(j) and more.

36. The cheat features of Akebi GC give its users the ability to engage in numerous
illicit activities and provides them with unfair advantages over other players. Akebi GC
allows players to progress rapidly through the game. Some of the cheat features provide
benefits that reduce the likelihood a player will make in-game purchases. As the
Genshin Impact game is offered for free and only monetized through in-game
purchases by users, these cheat features cause significant harm to HoYoverse.

37. In addition, Akebi GC subverts and disrupts the in-game player experience as
designed by miHoYo and HoYoverse, damaging HoYoverse’s reputation and
goodwill.

38. The Defendants encourage Akebi GC users to join a server at discord.com for
updates to the Akebi GC code and support on installation and use of Akebi GC.
Discussions about Akebi GC are also hosted and/or supported by the Defendants on
unknowncheats.com, github.com, and reddit.com and youtube.com. Discussions on
these message boards and sites acknowledge that Akebi GC is illicit and that users of
Akebi GC may be banned from playing Genshin Impact. Users are further provided
with recommendations on how to avoid getting banned, including which cheat features
might attract suspicion.

39. In response to Akebi GC, HoYoverse has released patches and updates to
Genshin Impact to deactivate, disable the hack and render it less effective. In response
to HoYoverse’s updates, the Defendants have released patches and updates to Akebi
GC in an attempt to frustrate HoYoverse’s attempts to protect Genshin Impact and its
user community.

40. In November 2022, Soriano’s Akebi GC repository on GitHub.com, under the

alias “Taiga74164”, was taken down pursuant to a United States Digital Millennium
Copyright Act request by HoYoverse, on the basis that its materials infringed the
copyright in the Genshin Impact Works. Defiant and undeterred, Soriano posted the
following message on his GitHub.com page:
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We recently just received a DMCA takedown from HoYoverse. Me

and Callow have decided to turn the source code for the latest
version private and will be available to contributors only. I will only
upload stable release on this repo, our Discord, and
UnknownCheats.

41. In January 2023, Soriano posted on the Akebi-GC Discord server, (where he is
listed as “Project Owner”) that: “Akebi is now live. You will get your key and the
download link after purchase. Discord bot for roles will be available soon,” and
provided a link to the Akebi-Private Shop (http://akebi-private.com/shop/). Since that
date, the Defendants have been selling subscriptions to Akebi-GC on the Akebi-private
shop; 7 days for $7.99 and 30 Days for $19.99. As shown below, the Defendants
describe Akebi-GC as the “Best private cheat for Genshin Impact. Reliable protection
against bans. Fast updates. Instant key activation after payment.”

42. On March 31, 2023, Soriano was sent a cease-and-desist letter by HoYoverse.
The letter set out HoYoverse’s intellectual property rights and asserted that Soriano
and his co-developers of Akebi GC, Acrepi, and Genshin XYZ had infringed
HoYoverse’s copyright, trademarks, and violated its TPMs. In an email response, three
days later, Soriano acknowledged that the unauthorized use of HoYoverse’s
intellectual property was a mistake and took full responsibility for his actions. Soriano
indicated that he had removed all infringing material from his website and his other
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platforms. Soriano also indicated that he had instructed his team and relevant partners
not to use HoYoverse intellectual property.

43. Notwithstanding Soriano’s response, the John Doe Defendants continue to

develop, advertise and market, distribute, offer for sale and sell hacking tools for
Genshin Impact. Additionally, Soriano continues to be an active member of the
Genshin Impact cheat community, supporting Akebi GC, maintaining the Akebi GC
discord server, and directing individuals where to find and how to use Akebi GC.
Soriano has also advised the cheat community that he is developing another cheat
software for use against Honkai: Star Rail.

44. The full extent of the Defendants’ infringement of the HoYoverse Works and
violation of the HoYoverse TPMs is not known to HoYoverse but is known to the
Defendants.

Circumvention of TPMs

45. The Defendants have individually, collectively and acting in concert (a)
circumvented, (b) offered or provided services to the public to circumvent, and (c)
distributed, offered for sale, or provided technologies, devices, and/or components to
circumvent, Genshin Impact TPM of HoYoverse, contrary to s. 41.1(1)(a)-(c) of the
Copyright Act.

46. The Defendants have individually, collectively and/or acting in concert

circumvented the Genshin Impact TPMs contrary to subsection 41.1(1)(a), including
by developing and using Akebi GC, Acrepi, and Genshin XYZ.

47. The Defendants have individually, collectively and/or acting in concert offered
services to the public for the purpose of circumventing the Genshin Impact TPMs
contrary to subsection 41.1(1)(b), including by developing, updating, supporting and
employing a subscription-based software as a service model through Akebi GC,
Acrepi, and Genshin XYZ.
 -16-

48. The Defendants have individually, collectively and/or acting in concert

distributed, offered for sale or rental, and provided technology designed for the primary
purpose of circumventing the Genshin Impact TPMs contrary to subsection 41.1(1)(c),
including by distributing, offering for sale or rental, and providing Akebi GC, Acrepi,
and Genshin XYZ.

49. Each of Akebi GC, Acrepi and Genshin XYZ is primarily for the purposes of
circumventing Genshin Impact TPMs, is not commercially significant other than for
the purposes of circumventing Genshin Impact TPMs and is marketed as being for the
purposes of circumventing Genshin Impact TPMs. For example, Soriano’s “Akebi
[Genshin Cheats]” page on unknowncheats.com lists one of the features of Akebi GC
as being “[Genshin Impact] Protection Bypass”.

50. The following paragraphs describe the circumvention of the Genshin Impact
TPMs by Akebi GC. HoYoverse alleges and pleads that Acrepi and Genshin XYZ
operate in substantially the same way in circumventing the Genshin Impact TPMs.
However, the full extent to which Acrepi and Genshin XYZ circumvent the Genshin
Impact TPMs is unknown to HoYoverse but known to the Defendants.

51. Akebi GC circumvents Genshin Impact’s TPMs by hijacking the game

module’s code using the dynamic link library containing the game engine. The game
processes need to access the codes in the dynamic link library to run the game, (for
example to specify which game processes to load). Akebi GC operates by intercepting,
circumventing and bypassing various game processes or functions.

52. As one example, Akebi GC intercepts a data verification process that Genshin
Impact uses to load the application layer protection measures. Akebi GC intercepts the
verification process and tampers with the process data, which closes the application
layer protection measures and causes them to not be loaded.

53. Akebi GC also intercepts an application function that performs integrity checks
on the game code and expels any applications using inauthentic or altered code.
Normally, the game application running on the user’s computer provides the server
 -17-

with an integrity value or specific hash value associated with the application’s code.
The server verifies the hash value matches that of the authentic code. If verification
fails, this indicates that the application’s code has been modified and the account will
be kicked off the server, preventing the game from operating. Since Akebi GC modifies
the application code, it would fail the verification and would be flagged by the integrity
check. However, Akebi GC intercepts and bypasses the integrity check altogether so
the server is unable to identify any unauthorized modifications to the application code,
and accounts using Akebi GC will not be kicked off the server and can continue playing
the game.

54. Akebi GC also intercepts a game function that reports security values. When a
user is playing Genshin Impact, the game software is running on their computer, which
in turn connects to the server. At certain intervals, the server requests the application
to report game security values. That is, the application layer and kernel layers generate
game security values and report them to the server. Akebi GC intercepts the reported
security values such that they are not received by the server.

55. Akebi GC also intercepts functions responsible with crash reporting. Upon an
event causing Genshin Impact applications to crash, reporting functions collect game
data and send it to the server for analysis and correction through updates if necessary.
Akebi GC intercepts the crash reporting functions to prevent game data from being
transmitted to HoYoverse, which could identify that the user’s Genshin Impact code
had been modified by Akebi GC.

56. Akebi GC achieves in-game “cheat” features, including those described above
at paragraph 35 above, by high-jacking and injecting malicious code into the Genshin
Impact application.

57. The main Akebi GC process “AkebiLauncher.exe” creates the Genshin Impact
game process as the parent process and obtains privileged operations for the game
process, including applying for memory, reading and writing memory. Akebi GC then
applies for multiple blocks of memory within the game space to store, or inject,
 -18-

malicious code. The malicious code injected by Akebi tampers with the game code
logic to temporarily achieve a desired cheat feature using the following steps:

(a) Step 1 - Akebi GC saves a copy of the authentic code of the game
function header;

(b) Step 2 - Akebi GC modifies the game function to redirect the application
to run the malicious cheat code injected by Akebi GC;

(c) Step 3 - Akebi GC analyzes and processes the game’s original logic in
the cheat function;

(d) Step 4 - after modifying the game logic and running the malicious cheat
code, Akebi GC recalls the previously copied game function header
code, and then remodifies the function to again execute the authentic
game logic.

58. By way of example, the above code tampering is described with respect to
Akebi GC’s “no cooldown” cheat function:

(a) Step 1- When developing Akebi GC, the Defendants knew the authentic
Genshin Impact logic regarding cooldown of the in-game character
abilities. When the Akebi GC user chooses to activate the “no
cooldown” cheat function, Akebi GC saves the code of the game
function header and the authentic logic of the ability cooldown.

(b) Step 2 - Akebi GC reads the cheat logic for modifying the cooldown.

(c) Step 3 - Akebi GC replaces the game’s authentic logic with the cheat
logic (allowing the in-game character to continuously use their special
abilities without any cooldown period).

(d) Step 4 - After step 3 is completed, Akebi restores the authentic logic of
the game.
 -19-

59. Akebi GC restores the authentic logic at Step 4 to circumvent being detected
by the Genshin Impact TPMs, and also to reinforce the circumvention of the game
security value reporting function discussed above. The security reporting function is
scheduled at intervals rather than operating continuously. Continuous security value
reporting is infeasible for online games as it requires too much computing power and
would overload the server and the user’s computer. As a result, online games do not
use continuous security value reporting and must rely upon scheduled interval security
value reporting.

60. Unlike some cheat software, which always has the cheat code present, Akebi
GC covers its tracks by replacing the cheat code with authentic code after each time
the cheat function is used. As a result, Akebi GC allows for cheat functions to be used
between the scheduled security value reports without detection. An Akebi GC user will
only be detected by the security value reporting function if they are actively using the
cheat function at the exact time that a security value interval report is performed.

61. In the most recently released version of Akebi GC, (September 2023) there are
at least 72 in-game features that are tampered with, each a violation of the Genshin
Impact TPMs contrary to Section 41.1(1) of the Copyright Act. The full extent to which
Akebi GC has violated the Genshin Impact TPMs is not known to HoYoverse but is
known to the Defendants.

62. HoYoverse alleges and pleads that Acrepi and Genshin XYZ operate in
substantially the same way in reproducing the Genshin Impact code. However, the full
extent to which Acrepi and Genshin XYZ circumvent the Genshin Impact TPMs is
unknown to HoYoverse but known to the Defendants.

Infringement of Copyright in Genshin Impact Code

63. The Defendants have individually, collectively and/or acting in concert

infringed HoYoverse’s copyright in literary Genshin Impact Works, namely the
Genshin Impact code, contrary to subsection 27(1), 27(2) and 27(2.3) of the Copyright
Act, and have authorized or induced others to do so, contrary to the exclusive rights
granted to HoYoverse by subsection 3(1) of the Copyright Act.
 -20-

64. As particularized above at paragraphs 51 to 59, Akebi GC saves copies of the

authentic code of the game function header when each of the cheat features are
activated. Each game function header code is an original literary work attracting
copyright protection. As discussed above at paragraphs 18 to 22, HoYoverse is the
owner of the copyright in the Genshin Impact Works, including the Genshin Impact
code.

65. The Defendants have individually, collectively and/or acting in concert made
substantial reproductions of the Genshin Impact game function header code by
developing and using Akebi GC without authorization, consent, or permission of
HoYoverse as the copyright owner. All of which is expressly prohibited by the TOS.

66. HoYoverse alleges and pleads that Acrepi and Genshin XYZ operate in
substantially the same way in reproducing the Genshin Impact code. However, the full
extent to which Acrepi and Genshin XYZ infringe the copyright in the Genshin Impact
Works is unknown to HoYoverse but known to the Defendants.

67. The Defendants individually, collectively and/or acting in concert sell, rent out
or distribute Akebi GC, Acrepi and Genshin XYZ from Canada to individuals around
the world. Each such sale, rental and distribution infringed HoYoverse’s copyright in
the Genshin Impact code contrary to subsection 27(2) of the Copyright Act.

68. The Defendants individually, collectively and/or acting in concert have

provided services relating to Akebi GC, Acrepi and Genshin XYZ over the Internet for
the purpose of enabling acts infringement of HoYoverse’s copyright in the Genshin
Impact code by the users of Akebi GC, Acrepi and Genshin XYZ, all contrary to
subsection 27(2.3) of the Copyright Act.

69. As set out above, the Defendants unauthorized reproductions of the Genshin
Impact Code, and authorization or inducement of others to do so, has infringed
HoYoverse’s copyright in literary Genshin Impact Works contrary to subsection 27(1),
27(2) and 27(2.3) of the Copyright Act and violated HoYoverse’s exclusive rights
provided by subsection 3(1) of the Copyright Act.
 -21-

70. The Defendant, Soriano, has indicated on public internet forums that he is
developing cheat software for use with Honkai: Star Rail. The extent to which Soriano
and the John Doe Defendants have developed cheat software for use with Honkai: Star
Rail or other HoYoverse games is unknown to HoYoverse but is known to the
Defendants. HoYoverse alleges that any cheat software developed by the Defendants
for use with Honkai Star: Rail, or any other HoYoverse Games, infringes HoYoverse’s
exclusive copyright in the HoYoverse Works and violates HoYoverse’s exclusive
rights in the HoYoverse TPMs, both contrary to the Copyright Act. Upon discovery of
any such infringement or violation by the defendants, HoYoverse reserves the right to
particularize the HoYoverse Works and/or HoYoverse TPMs as necessary.

Infringement of Copyright in Artistic Works

71. The Defendants have individually, collectively and/or acting in concert

infringed HoYoverse’s copyright in artistic Genshin Impact Works contrary to
subsection 27(1) of the Copyright Act and violated HoYoverse’s exclusive rights
provided by subsection 3(1) of the Copyright Act.

72. The Defendants have individually, collectively and/or acting in concert

advertised and marketed, distributed, offered subscriptions and sold subscriptions, and
provided customers services associated with Akebi GC, including via the Akebi-
Private shop (akebi-private.com/shop/). In the advertising and marketing of Akebi GC,
the Defendants have made, and relied upon, unauthorized reproductions or substantial
reproductions of artistic Genshin Impact Works, including Genshin Impact characters
and the GENSHIN IMPACT & Design logo shown below.
 -22-

73. The screenshots shown below were taken from the Defendants’ Akebi-Private
shop (akebi-private.com/shop/) and are examples of the Defendant’s unauthorized
reproductions of the artistic Genshin Impact Works. The full extent of the Defendants’
unauthorized reproductions of artistic Genshin Impact Works is unknown to
HoYoverse but known to the Defendants.

74. The above characters are reproductions of the Genshin Impact characters
Raiden Shogun and Mona, as depicted on HoYoverse’s website
(https://genshin.hoyoverse.com/).

(https://genshin.hoyoverse.com/en/character/inazuma?char=4)
 -23-

(https://genshin.hoyoverse.com/en/character/mondstadt?char=13)

75. The Defendants unauthorized reproductions of the artistic Genshin Impact

Works constitute infringement contrary to subsection 27(1) of the Copyright Act and
violate HoYoverse’s exclusive rights provided by subsection 3(1) of the Copyright Act.

Remedies

76. As a result of the defendants’ infringement and violation of HoYoverse’s

intellectual property rights in Genshin Impact and/or the HoYoverse Games,
HoYoverse has suffered damages including:

(a) loss of revenue from in-game purchases;

(b) costs incurred to monitor, catch, and ban players who are cheating by
using the Akebi GC, Acrepi, Genshin XYZ, and/or any other hacking
tools developed by the Defendants; and
(c) development costs incurred to create security patches and updates to
deactivate or disable various versions of the Akebi GC, Acrepi, Genshin
XYZ, and/or any other hacking tools developed by the Defendants.

77. As a result of the Defendants’ development, sale, and distribution of the Akebi
GC, Acrepi, Genshin XYZ, and any other hacking tool for use with the HoYoverse
Games, the defendant, Soriano, and the defendant, John Does, have individually and
collectively been unjustly enriched and made profits, including on:
 -24-

(a) revenue from the sale of, or subscriptions to Akebi GC, Acrepi, Genshin
XYZ, and/or any other hacking tools developed by the Defendants;
(b) revenue from monetized webpages and social media featuring Akebi
GC, Acrepi, Genshin XYZ, and/or any other hacking tools developed
by the Defendants;
(c) donations from supporters in the Genshin Impact community in
recognition of the Defendants’ efforts developing Akebi GC, Acrepi,
Genshin XYZ, and/or any other hacking tools developed by the
Defendants; and
(d) expenses saved by the Defendant’s and their customers, and users of
Akebi GC, Acrepi, Genshin XYZ, and/or any other hacking tools
developed by the Defendants to unlock game features and progressions
without making the corresponding in-app purchases in Genshin Impact
or HoYoverse Games.

78. Unless restrained by this Honourable Court, the Defendants will continue to
develop, support, sell and distribute the Akebi GC, Acrepi and Genshin XYZ hacking
tools as well as cheat software for Honkai: Rail Star and/or other HoYoverse Games.
The Defendants continue to distribute, update and support Akebi GC, Acrepi, and
Genshin XYZ despite receiving notice of their infringing conduct by cease-and-desist
letter and take-down requests under the United States Digital Millennium Copyright
Act.

79. The Defendants’ conduct is high-handed, egregious and reprehensible thereby

entitling HoYoverse to punitive damages. At all material times, the Defendants have
been aware that they are unlawfully infringing HoYoverse’s intellectual property
rights. Online message boards and the Defendant web pages refer to Akebi GC, Acrepi,
and Genshin XYZ as “cheats” and “hacks” and advise users on how to use the hacking
tools without getting banned from Genshin Impact.