This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C

Angry Birds Dream Blast, Angry Birds Seasons, Angry Birds Space, and Angry Birds Go! See

Exhibit 1.

39. Rovio aggressively markets its Angry Birds Gaming Apps to children, and presents

each of these apps with an “Everyone” rating in the Google Play Store. Id. Google Play ratings

“are intended to help consumers, especially parents, identify potentially objectionable content that

exists within an app” and are based on the app developer’s responses to questionnaires provided

by Google—i.e. the ratings reflect the developer’s representations about the appropriate audience

for the app.13 An “Everyone” rating means the app’s content is “generally suitable for all ages”

and “[m]ay contain minimal cartoon, fantasy or mild violence and/or infrequent use of mild

language.”14

40. COPPA identifies specific criteria for determining whether an app is “directed to

children,” including: “its subject matter, visual content, use of animated characters or child-

oriented activities and incentives, music or other audio content, age of models, presence of child

celebrities or celebrities who appeal to children, language or other characteristics of the Web site

or online service, as well as whether advertising promoting or appearing on the Web site or online

service is directed to children.” 16 C.F.R. § 312.2. Additionally, “competent and reliable empirical

evidence regarding audience composition, and evidence regarding the intended audience” may be

considered. Id.

41. Google created guidance for developers that adopts a comparable rubric. In a blog

post titled “Creating Apps and Games for Children and Families,”15 it uses the following

illustration of sample apps that might appeal to children, children & adults, or simply adults:

13 “Play Console Help,” Google https://support.google.com/googleplay/androiddeveloper/answer/188189?hl=en (last accessed July 30, 2021). 14 Id. 15 Google, Creating apps and games for children and families, https://developer.android.com/go ogle-play/guides/families (last accessed July 30, 2021).