*By Chloe Aiello*
Actor Alfonso Ribeiro's case against Epic Games for its use of "the Carlton" dance in "Fortnite" might come down to a jury's sympathy, rather than copyright technicalities, intellectual property lawyer Gaston Kroub told Cheddar on Tuesday.
"I think it's a mistake to only focus on the copyright issues, because you do have this idea where you have this right of publicity under California state law ... Could a sympathetic jury decide that these \[artists\] deserve something from 'Fortnite'? That's something that remains to be seen," said Kroub, a partner at Kroub, Silbersher & Kolmykov.
Ribeiro, who rose to fame playing Carlton on "The Fresh Prince of Bel Air," is suing Epic and Take-Two Interactive, the maker of "NBA 2K." Both use "the Carlton" step that Ribeiro made famous on the show as an "emote," a celebratory dance that can be purchased by players in-game.
Ribeiro is just the latest celebrity or influencer to file a suit. Rapper 2 Milly and Instagrammer Russell “Backpack Kid” Horning have also filed complaints for misappropriation of their respective dances, the "Milly Rock" and "the Floss," [Variety reported](https://variety.com/2018/gaming/news/fortnite-dance-lawsuit-1203092141/). The complaints allege copyright infringement and claim the game creators are violating the right of publicity of the celebrities associated with the dances.
"What Alfonso Ribeiro and 2 Milly and the Backpack Kid now have claimed is it looks like they're endorsing 'Fortnite''s use of their dance moves and they haven't provided that permission," Kroub said.
The outcome of these cases is difficult to predict.
"You can't copyright a single dance move but you can copyright under the copyright act choreography," he said, adding that copyrights on the moves are still pending.
"Really at the heart of this, though, is the fact that Epic is making a lot of money and these dances are generating revenue."
He added that one potential defense for Epic or Take-Two is to claim they were parodying, not performing, the dances. That said, the case will also depend on the items uncovered during discovery ー whether or not the game makers contacted any artists or just assumed the dances were public domain.
Most interestingly, Kroub said the complaints venture into "uncharted territory."
"No one knew a year ago 'the Carlton' would be generating untold numbers of revenue for a company, like Epic. And what we are seeing is video games are a big business and celebrities want to be associated," he said.
The markets rebounded from session lows after news broke the Federal Reserve is considering a new approach to interest rates that could translate to fewer rate hikes in the coming year. The Wall Street Journal reported on Thursday the Fed is considering a "wait-and-see" mentality for monetary policy, after the anticipated December hike that is by and large already priced into the markets.
StoreMe wants to solve travelers' "schlepping problem." The on-demand app allows travelers to search a location, input the number of bags they have, and make a reservation. That way, as travelers are passing through cities, they can enjoy the sights sans luggage. "This service is convenient, on-demand, and it's totally affordable," Peter Korbel told Cheddar Wednesday.
Care to watch the original "Star Wars" trilogy? Don't assume Disney's forthcoming streaming service Disney+ will have it. And while AT&T owns "Friends," it won't be streaming it exclusively on its own OTT platform when it launches in 2019 ー viewers will still be able to binge the series on Netflix. "Star Wars" and "Friends" are just a couple of the confusing licensing arrangements viewers should expect as more media companies push to debut their own streaming services to rival Netflix and Hulu.
In the virtual-reality world, "Mission Impossible" is possible after all. VR start-up Nomadic has partnered with VRWERX and Paramount to create a "tactile" experience for the "Mission Impossible" movie franchise that will allow users to interact physically with the virtual world of the movie.
After Tumblr announced it would pull so-called "adult content" from its platform, a larger-than-expected group of users erupted in protest. According to Shannon Liao, a tech and culture reporter at The Verge, many flocked to the platform "to browse sex-positive blogs and also different kinds of curated porn," in a "safe place."
Reports indicate that widespread 5G may arrive in 2019, and providers are scurrying to meet that unofficial deadline in the wake of Verizon's recent announcement that it will partner with Samsung to release a 5G phone by June.
Instagram and WhatsApp are reasons to believe in the future of Facebook as social media trends toward community-based social platforms that reflect users' specific interests, Reddit co-founder, investor, and 21st century renaissance man Alexis Ohanian told Cheddar on Tuesday.
These are the headlines you Need 2 Know for Tuesday, Dec. 4, 2018.
SpaceX plans to launch an unmanned cargo spacecraft bound for the International Space Station on Tuesday. But the scientific equipment and experiments aboard the ship are actually meant to improve life on Earth, Ken Shields, chief operating officer for the ISS National Laboratory, told Cheddar. With increasing privatization of the aerospace industry, Shields said space on shuttles to ISS is increasingly in-demand, even if the experiments aboard aren't exactly out-of-this-world.
Uber is sniffing around a possible acquisition of either Lime or Bird, the leaders in the growing e-scooter rental market, according to a report in The Information. One of the reporters who broke that story told Cheddar on Monday that there is a "growing realization" among ride-hailing companies that bike and scooters will continue to be a significant part of the urban mobility landscape.
