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Fortnite Could Be Sued by Rapper Over Dance Move Emote

Fortnite 2 Milly lawsuit Swipe It

Fortnite is well-known for its emotes, which allow players to perform popular dance trends in the game. So much so that the Fortnite dance challenge became a viral meme, as fans and celebrities took to performing the dances out in public and recording them for all of the Internet to see.

In a new interview, the rapper 2 Milly has spoken out against Fortnite's use of his dance the "Milly Rock." In the game, the emote is called "Swipe It" but the dance is unmistakeably the Milly Rock. The rapper isn't against his dance move being used in the game, but his concerns stem from the fact that the emote can be purchased (it can also be unlocked at tier 63 of the $9.50 Battle Pass). "That's when I really was like ... oh nah, this can't go on too long," said 2 Milly, of learning that people could pay money to unlock the emote.

2 Milly has confirmed that he would like to pursue a lawsuit against Fortnite developer Epic Games. The game has made more than $1 billion from the sale of microtransactions such as the Swipe It emote but 2 Milly explained that "I don't even want to bash them for all the millions." The rapper added that "It's not really like that. I just feel like I have to protect what's mine."

On social media, entertainment lawyers have weighed in on 2 Milly's chances of a successful lawsuit. Some have said that 2 Milly doesn't have much of a chance because choreography isn't usually a protected work under copyright law. The fact that Epic Games has a strong legal team that has already pursued several lawsuits related to the game (including one lawsuit against a 14-year-old Fortnite player) also suggests that the rapper would face a tough challenge.

However, others have suggested that 2 Milly could have a small chance because lyrics and songs are protected by copyright. The song that helped to popularize 2 Milly's dance move in the first place is called the Milly Rock - the name of the dance - and so there may be an argument there.

The topic of how Fortnite uses dance moves has been brought up before, most notably when Grammy-award winning performer and Fortnite fan Chance the Rapper called out Epic Games for the way it borrows from black culture. So while the outcome of 2 Milly's potential legal challenge is unclear for now, it is clear that a lot of people will be watching to see how things play out.

Fortnite is available on PC, PS4, Xbox One, Nintendo Switch, and Android and iOS devices.

Source: CBS News

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