Oh my god I hate 2018 so much. Thankfully we’re only a couple of weeks until we get the sweet release of 2019 but Christ knows what that one has up its sleeve, lurking, waiting for us…
Backpack kid – otherwise known as Russell Horning to, well, probably no-one actually – has had his mother sue both Fortnite and NBA 2k for using his moves without seeking his permission or paying royalties.
The 16-year-old from Georgia shot to fame after appearing with Katy Perry on SNL, but already had an online following as he was gaining notoriety for his Instagram videos, in which he performed the dance that my niece now insists on doing.
Horning’s mother, Anetta, sued Epic Games and Take Two Interactive (creators of the two games) on Monday as he is below 18 and unable to do it himself.
The lawsuit filed claims that both games studios use the dance move unfairly, whilst simultaneously turning a profit.
No-one yet has the copyright for the dance – which is a thing under US law – but the Horning family are in the process of acquiring it.
The floss is included as an ’emote’ in Fortnite, which means that players can use the dance in the game. It was briefly available during season two of the game but wasn’t available to buy.
Fortnite are currently being sued by two more people, claiming rights to certain dances; Alfonso Ribeiro, on behalf of the Carlton Dance, and rapper 2 Milly, for the use of the Milly Rock.
Ribeiro and 2 Milly are suing NBA 2K for the same reasons.
Both Epic Games and Take-Two Entertainment have yet to respond publicly.
Images via EpicGames, SNL