"Backpack Kid" sues Epic Games and 2K Sports over use of the "Floss" dance move
43 replies, posted
https://www.vulture.com/2018/12/backpack-kid-sues-fortnite-floss-dance.html
Now that one domino has fallen, the rest just keep on collapsing. Backpack Kid, better known as that teen who invented “the Floss” dance that even your grandma has attempted, is
the latest person to sue popular video game Fortnite for stealing his moves.
TMZ reports that the mother of Backpack Kid (né Russell Horning) has filed the lawsuit on his behalf, accusing both Fortnite and 2K Sports (which owns NBA 2K) of theft. Last year,
Fortnite began offering a new emote named “the Floss,” which allows players to mimic the viral arm-swinging dance created by Backpack Kid. According to TMZ, he’s suing both games
for unspecified damages and is requesting that a judge stop the companies from stealing his dance as he’s in the process of having it copyrighted.
On Monday, Alfonso Ribeiro also sued Fortnite for stealing his iconic dance, “The Carlton,” that he made famous on the Fresh Prince of Bel-Air; Ribeiro is also copyrighting his dance.
The first to sue was rapper 2 Milly, whose dance the “Milly Rock” Fortnite has also been using as an emote. Last month, Scrubs creator Bill Lawrence confirmed at Vulture Festival L.A.
that Fortnite had reached out about using Donald Faison’s “Poison” dance in the game, though they apparently never actually paid to use it.
Faison later told the audience when they asked him to do the dance: “If you want to see it, you can play Fortnite, because they jacked that shit!”
Should we start taking bets on who's gonna sue them next?
How about the US makes it harder to sue people, because this is so retarded.
This little shit didn't even make the dance, to my knowledge it originated in this youtube vid, dated 2014
https://youtu.be/YyoGZ8QDU5k?t=22
Y'know if Epic couldn't just take existing dance moves then they'd have to hire/contract artists to make dance moves which could be neat.
Or they could do what Jagex did way back when.
https://www.youtube.com/watch?v=IySGfxgAP0I
bet u its technoviking, rising from the depths of 2007 youtube
isn't there a clause involving trademarks n shit where if you're like inconsistently defending it you kinda lose the grounds to sue on it?
Like for example, Game A, B, C, D, E, F and G all have my song in them without my permission. I only sue Game D but ignore all other games?
The carlton for sure has been done by tons of other games/movies/shows. Seems like these 3 just see the money. It seems really wrong that you can sue over dance moves. I mean maybe if they took the song, but in this case it's just a dance. It's not really an icon anymore except maybe the floss.
mashed potato man did it in 2011.
https://www.youtube.com/watch?v=rhaBb36qqGI
I thought this dance was even older than the 2000s
I thought this dance dates back to the cave man era
A Paleo Classic
https://i.imgur.com/otBDHmv.jpg
Given that dances are copyrighted as soon as they are created and recorded I think quite a few people have legitimate cases to bring against Epic. I'm not so sure this kid is one of them because I don't think he actually invented it.
Dances can be copyrighted? wtf
How can gestures be copyrighted
That and its worth noting these dances are paid content, as in you aren't buying a game that they just happen to be in but rather the dance itself has been monetized.
If they were in the game but not attainable by paying for them no one would bother but its a pretty strong case for anyone who had a dance put in.
Dances can be copyrighted because they're an art form, just like any choreographed performance.
Not sure what grounds this kid has, considering people have been doing this dance for fucking forever
Dude I did this stupid shit when I was 12 and I thought it was cool, its not 'new' its not 'quirky' its been around since FOREVER. Someone should counter sue his ass.
Except single dance moves can't be copyrighted, only the choreographed performance.
Please someone send this video to this douche-kid with his stupid shaped head and show him he didn't invent shit.
Sneezing and farting at the same time is also an art of its own, yet i don't see anyone making an argument for copyrighting that.
He's right. It's a cute discussion to consider copyrighting dances, but it just shouldn't be happening. It's a slippery slope towards copyrighting other types of movement and eventually ending up with people having to pay to sneeze.
I am!
Because whenever a character isn't dancing, its copying me, because I DO NOT DANCE.
In this case you're probably right, the "Floss" dance is only a single dance move so I don't think this lawsuit is going to go his way even if they disregard the fact that it existed long before this person made it popular. But the other lawsuits against Epic have actual legitimate claims and I hope the creators of those dances get what they deserve.
Happy Birthday is a copyrighted song that waiters are not legally allowed to sing.
I thought Happy Birthday entered the public domain already, like three or four years ago or something
Oh, didn't know that.
oh my god
YOU'RE DEAD BLIZZARD, YOU HEAR ME? DEAD!
(further proof that I am Reaper and Reaper is me)
((and that I am apparently an edgy shitlord))
This isn't exactly new, Diamond Dallas Page sued Jay-Z over 10 years ago for a hand gesture he copyrighted.
https://files.facepunch.com/forum/upload/217809/e4f0b4e8-30a3-4832-a0ca-25f83723e346/image.png
Jay-Z later got around the copyright by copyrighting his own variant of the gesture, which is legally distinguishable by having the fingers held together rather than spread out like DDP's version.
This guy should sue backpack kid.
https://www.youtube.com/watch?v=28--5aEV1Z0
We gotta remember the classics.
No cause trademarks and copyright are different but commonly confused. In the example you gave you'd be well with in your rights to selectively stop one person using it but not go after the others and your rights as a copyright holder aren't diminished otherwise you could say copyright is effectively lost if enough websites are sharing a pirated piece of content and you can't go after them all.
A trademark is a specific thing or combination of things to identify you (ie literally a mark of your trade), companies need to protect unauthorised us of or use of similar marks in similar business areas otherwise they can lose control of it.
'protecting muh trademark' is the same bs excuse big publishers use to take down fan passion projects etc while trying to make themselves also look like the good guy who had no choice but its totally wrong.
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