The Fortnite lawsuits are coming in thick and fast now, folks, with another dance creator getting in on the legal action. Known by most as “Backpack Kid,” Russell Horning is the brains behind that incredibly irritating dance, The Floss, The Daily Mail reports.
Joining the likes of rapper, 2 Milly, and The Fresh Prince of Bel Air actor, Alfonso Ribeiro, Horning is suing Fortnite creator, Epic Games, for using a dance he created as an emote in the game. Unlike the other two, though, the Floss Dance can’t actually be purchased individually, but it was given as a one-time reward as part of the Battle Pass Season 2.
Because the Floss kid is only 16, the lawsuit was actually filed by his mother, who is seeking unspecified damages against both Epic Games and Take-Two Entertainment for using his dance without permission and failing to pass on royalties for doing so.
Backpack Kid rose to fame when he appeared on Saturday Night Live with Katy Perry, performing the baffling dance for millions and making it the second most annoying activity done by teens next to dabbing. You can see the dance for yourself below.
And now the Fortnite variant in the clip below.
Again, as Polygon pointed out in the case of 2 Milly, this is all a little bit of a legal grey area, as it’s impossible to patent singular dance moves. Choreographed routines, however, can be, so it’ll be interesting to see what the court rules in all of these cases. The Floss is literally just the one move, so if any of them are gonna fall down, I’d wager it’ll be this one.
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Image: Saturday Night Live