Fortnite fights back over Rapper 2 Milly dance lawsuit

By Staff Reporter | Feb 12, 2019 04:26 PM EST

Epic Games says 2 Milly's moves are unprotectable, aren't similar to what's actually in the game and his lawsuit represents an attempt to chill free speech. A flurry of lawsuits over allegedly wiped dance routines in the blockbuster game Fortnite generated a lot of discussion about intellectual property. On Monday, moving for dismissal in the complaint brought by Terrence "2 Milly" Ferguson, Epic Games had a message for a California federal court.

"Plaintiff's lawsuit is fundamentally at odds with free speech principles as it attempts to impose liability, and thereby chill creative expression, by claiming rights that do not exist under the law," wrote Dale Cendali, attorney for Epic. "No one can own a dance step. Copyright law is clear that individual dance steps and simple dance routines are not protected by copyright, but rather are building blocks of free expression, which are in the public domain for choreographers, dancers, and the general public to use, perform, and enjoy."

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