*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.
As Apple waits for a ruling from the Supreme Court, other tech companies may have cause to worry about their own legal futures. Jimmy Hoover, a legal reporter for Law360, said a ruling that favors consumers over Apple would be "an anathema to these companies."
Former wide receiver Walter Powell Jr. played for three NFL teams over a span of four years. But now, a year into his retirement, he's decided to tackle a new challenge ー creating a more informed electorate. The athlete created a new an app, Politiscope, to educate political newcomers like Powell with a tool that "broke down politics so people like me could understand it," he told Cheddar Monday.
Politicians on both sides of the aisle united with labor leaders on Monday to slam GM's announcement that it would cut more than 14,000 jobs ー a combination of factory and office roles ー and put five plants on the chopping block.
Ohio officials will allow businesses to pay taxes in Bitcoin as of this week. While limited in scope, the move represents an important tacit admission by a government body that Bitcoin is an acceptable currency, according to Jimmy Song, a Bitcoin developer.
Scott Cutler, SVP of Americas at eBay, told Cheddar that the trends that are changing the retail landscape became clearer this year, with mobile purchases on the day before Thanksgiving now making for the unofficial kick-off to the season. EBay expects to gross more in online transactions than Walmart, Macy's and BestBuy combined.
E-commerce and mobile was the breakout star this Thanksgiving weekend with more customers picking the couch over the queue, shopping earlier ー and increasingly on their phones. "It's not just about Black Friday anymore ー there's the day before Thanksgiving, there's Thanksgiving Day, Black Friday. Small Business Saturday was pretty big too ... It's basically a whole week at this point," Rob Marvin, associate features editor at PCMag told Cheddar on Monday.
Elon Musk says there's a 70 percent chance he'll go to Mars ー even though there's also a good chance he won't come back. Musk spoke on his plans to personally take the SpaceX Starship (formerly known as the BFR) to Mars in an interview with Axios broadcast Sunday on HBO, during which he also said that Tesla was "single-digit weeks" from dying this spring and summer.
From Wall Street to Silicon Valley, these are the top stories that moved markets and had investors, business leaders, and entrepreneurs talking this week on Cheddar.
MLG co-founder Mike Sepso takes a seat at the podcast table for a discussion on the lazy summer that inspired MLG.
On today's show: the collapse of the H1Z1 Pro League, the announcement of the "League of Legends" European Championship, and "Fortnite"'s first open cash-prize tournament in the Winter Royale ー plus, PlayVS announces $30 million in funding. Featuring CEO of PlayVS Delane Parnell and DreamHack Global FGC Director Alex Jebailey.
