Epic Games urged a judge to dismiss a lawsuit by rapper Terrence “2 Milly” Ferguson, who accused Epic of copying his “Milly Rock” dance moves in a Fortnite player emote. Epic responded to Ferguson’s complaint with a long list of legal defenses — including the claim that its dance emote, known as “Swipe It,” isn’t even using the same moves.
In its defense, Epic’s lawyers wrote that Ferguson’s dance — as seen in the music video below — was too simple to be protected by copyright. “No one can own a dance step,” the motion reads, because “individual dance steps and simple dance routines are not protected by copyright, but rather are building blocks of free expression.” It also argued that the context is vitally different: while Ferguson used...
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