*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.
Facebook has suspended analytics firm Crimson Hexagon for allegedly mishandling user data. The Boston-based company has also been banned from the site for possible ties to a Kremlin-based nonprofit and the U.S. government. Deputy Tech editor at [Mashable Michael Nuñez explains why users should be concerned.](https://mashable.com/2018/07/20/facebook-suspends-crimson-hexagon/)
The electric carmaker reportedly wrote to suppliers for refunds for purchases dating back to 2016, an unusual move for the auto industry. Tesla has been struggling to ramp up production of its mass-market Model 3 car, which is crucial to helping the company turn cash flow positive. Cheddar's Tim Stenovec and Kristen Scholer break down the details.
Market research firm SuperData estimates the uber-popular game has brought in $1 billion in revenue from in-app purchases, with gamers buying add-ons purely for cosmetics. "It does not make you have a better gun, it does not give you any advantage in terms of where you land on the map, it doesn't give you any special powers," says Eli Blumenthal, digital editor at USA Today.
The superhero franchise will launch its first virtual reality video game on July 26. The game, says Bill Rosemann, executive creative director at Marvel Games, will be a fully-immersive experience. "It unleashes that fantasy, that ultimate fantasy of being the Marvel character," he tells Cheddar. "You don't just look like Captain Marvel or Captain America. You have their powers."
Dan Neil, Automotive Critic at the Wall Street Journal, got the first test drive of the high-performance version of Tesla's Model 3. He says the company has at least a five-year head start on competitors in metrics like software, batteries, and packaging.
The gaming industry is known to be skewed towards boys and men. Laila Shabir, CEO and founder of Girls Make Games, is trying to change that through three-week summer camps for young girls. "Being represented in a medium like games...is extremely important," says Shabir.
The actor, comedian, and activist created an augmented reality app called "House of Cats," which features an animated, satirical version of the president called "Trump-y Cat." A portion of the proceeds will go to support refugees. "We are going to counter his hostility with support," Takei tells Cheddar.
The San Francisco-based company, which uses artificial intelligence to generate training materials for large companies, just received an investment from JPMorgan Chase. "When you go to work, that's where A.I.'s going to have the greatest impact. It's less artificial intelligence and more augmented intelligence," says Carson Kahn, Volley's CTO.
Sonny Singh, Bitpay’s chief commercial officer, believes digital currencies will have real transactional value by next year. “Last year was a little bit about hype,” he tells Cheddar. “I think next year is going to be the year of mass adoption.”
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