It seems like everyone is getting in on the fray against Fortnite’s use of monetized dance emotes, as a new lawsuit has turned up aimed at the developers, this time from an unexpected source.
Fortnite has a received cases against them from actor Alfonso Ribeiro and rapper 2 Milly for the inclusion of the Fresh and Swipe It dances, respectively. Those taking aim at Epic Games are unhappy with the game’s profiting from creative ideas that aren’t theirs.
A new suit from Russell Horning, better known as the ‘Backpack Kid,’ is taking aim at the game’s developer for selling the dance that he helped popularize in the modern era known in-game as the ‘Floss.’
Horning famously performed the dance on Saturday Night Live during Katy Perry’s performance of ‘Swish Swish’ in front of a live audience.
It wasn’t until the following year where the dance was added to the battle royale’s Battle Pass Season 2 in 2018.
Horning had expressed interest in seeking compensation after a TMZ reporter suggested he be cut a check and maybe get a piece of the pie to which he replied “I think I should. But it’s not that big of a deal, I’m just glad it’s in the game.”
Horning and the other parties suing Epic Games are going to need to prove that the dances they popularized can have a copyright attached to them. Horning has also filed for a patent to the dance.
This just adds fuel to the fire that the Fortnite developers will have to manage, and the outcome of the case would set a precedent for future content.