*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.
Hybrid cloud computing is now the name of the game at IBM, thanks to the company's recent acquisition of Red Hat. "We are going to be the company that is providing enterprise-ready hybrid cloud solutions and actually create the foundation of the infrastructure of the future," IBM's chief digital officer Bob Lord told Cheddar on Tuesday.
The backlash was swift after Amazon announced on Tuesday morning that it will split its second unbuilt headquarters and up to 50,000 full-time jobs between two locations: Long Island City, in Queens, N.Y., and the Crystal City neighborhood of Arlington, Va, just outside the nation's capital.
The Food and Drug Administration plans to restrict the sale of flavored e-cigarettes that might appeal to teens, according to a Washington Post report. But some worry a ban will only further entice young users. "Some people say it will just make it more attractive. That's one of the problems ー the more you restrict it, the more enticing it can be," USA Today health care policy reporter Jayne O'Donnell told Cheddar on Monday.
From the makers of the dating app, Bumble, the newest dating app exclusively for gay men is here. Chappy caters gay men and Adam Cohen-Aslatei, managing director of Chappy, said the app not only wants to help make meaningful relationships, but combat the discrimination seen in other dating apps.
The subject of gambling and esports has become a point of serious tension for gamers. For companies like Unikrn, which built its platform on the practice of esports betting, battling that stigma is a central, implicit part of the operation. According to CEO and co-founder Rahul Sood, the company is determined to make betting on esports a “safe, legal, and relegated” space.
Mike Masserman, head of global policy and social impact at Lyft, spoke with Cheddar about several initiatives the ridesharing company is taking to put its values front and center. Lyft's "Round Up & Donate" feature lets riders make a small charitable donation with each ride. Its first partner in the initiative, the USO, just topped $1 million in donations from the program. The ridesharing company has also activated its "Relief Rides" program to help victims of the California wildfires get to shelters and hospitals.
Nick Bell, Snap’s longtime VP of Content, is leaving the company. He is the latest in a long string of executives to depart the embattled company since its initial public offering in early 2017.
SAP is acquiring survey software maker Qualtrics just before its planned IPO for $8 billion. Could Qualtrics be for SAP what Instagram was for Facebook? Dan Primack, business editor at Axios, joined Cheddar to analyze the deal.
SoftBank Founder Masayoshi Son is reportedly seeking $21 billion for the new entity that will be called SoftBank Corp. and begin trading Dec. 19
If you put together the sales generated from Black Friday, Cyber Monday, and Amazon's Prime Day in the U.S., it still would be less than the sales from Sunday's Singles Day shopping holiday in China.
