Epic Games has asked the court to dismiss a lawsuit Terrence Ferguson, known as the rapper 2 Milly, filed against the company.
Responding to 2 Milly's claim that the company didn't get his permission to copy and include the signature "Milly Rock" dance as an emote in the game "Fortnite," Epic Games simply stated that no person can ever "own a dance step," The Verge reported.
Epic's long response to the complaint, which included specific details regarding alleged differences between Milly Rock and the "Swipe It" emote, can be summarized in just one point: the rapper's dance, Epic stresses, is too short to be protected by copyright.
The game company explained that individual dance steps or simple dance routines are not protected by copyright, and are mere building blocks of expression, as are words, short phrases, geometric shapes, and colors. It added that if these things are copyright protected, other creators would be prevented from creating new works of expression.
In addition, Epic says that even if the complaint focused on the alleged similarities between the two dance steps, the complaint would lead to nowhere. This is because Milly Rock, in Epic's words, "is different from Swipe It" for various reasons:
One, Milly Rock requires a person to move his rib from side to side along with the arm movements, while Swipe It requires that the ribs remain in place; only the arms move significantly.
Two, the Milly Rock moves at a tempo significantly quicker compared to Swipe It's, slower pace.
Fortnite players who know the Milly Rock, however, can't deny the stark resemblance between the two dance steps. Many Fortnite fans, Kotaku reports, even called the Swipe It a mere "imitation" of 2 Milly's signature move.
In Hot Water
This isn't the first time Epic Games, or specifically Fortnite, has been in hot water for using dance moves without the creator's authorization. Variety reports that similar lawsuits have been filed against the company last year.
Less than a week after 2 Milly filed his lawsuit against the company, former "Fresh Prince of Bel-Air" star Alfonso Ribeiro also showed up with the same complaint. Ribeiro complained that Fortnite also used his signature dance move, "The Carlton." Looking at comparison videos will give viewers an idea of why he filed the complained.
Also, less than a week after 2 Milly filed his lawsuit, Anita Redd also filed a lawsuit alleging that Fortnite used her son's dance move without permission. She is the mother of Russell Horning, known as the "Backpack Kid" -- creator of the "floss" dance.
