*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.
Comcast announced Thursday it will focus on snapping up British broadcaster Sky, clearing the way for Disney to acquire Fox's film and TV studios, the networks FX and NatGeo, and its stake in Hulu. The deal, however, would make the streaming landscape "more fragmented," says Wall Street Journal reporter Keach Hagey.
Amazon Prime Day notched a record when members purchased more than 100 million products on the company-made shopping holiday. By and large, bigger retailers triumphed over smaller companies. The challenge for Amazon, though, according to Sucharita Kodali, retail analyst at Forrester, is how to offer more niche brands enough value that they don't opt instead to go direct-to-consumer.
Cigna CEO David Cordani is co-author of "The Courage To Go Forward," a new book that explores the unique impact of micro communities. Cordani hopes Cigna's recent acquisition of Express Scripts will localize healthcare networks and expand his consumer base.
The EU is hitting Google with a $5 billion fine over antitrust violations. The European Commission claims Google's Android operating system unfairly stifled competition.
Walmart is reportedly thinking of launching a streaming service. According to The Information, the retail giant is eyeing a cheaper alternative to Amazon and Netflix, which would cost just $8.
And we talk to Galia Benartzi, co-founder and head of business development at Bancor, which is the world's largest decentralized crypto exchange. Benartzi tells Cheddar how Bancor is hoping to eradicate poverty in parts of Kenya through a new token.
Walmart is reportedly developing a new streaming service that can rival competitors Netflix and Amazon. But the massive costs associated with might make it difficult to succeed. "This is a really hard business to get into," says The Information reporter Jessica Toonkel, who broke the story on Walmart's plans.
Europe is slapping the company with a massive fine for violating antitrust laws and eliminating competition by combining its search engine and apps as one Android operating system. Google was also fined $3 billion by the EU last year for manipulating search results.
The backlash from President Trump's meeting with Russia's Vladimir Putin continued well into Tuesday, with politicians from both sides of the aisle condemning Trump. During his meeting with Putin on Monday, Trump seemed to side with the Russian President over U.S. intelligence officials on the issue of Russian meddling in the 2016 election.
Shares of Netflix tumbled after the company reported lower-than-expected subscriber growth in its quarterly earnings report on Monday. The streaming giant also missed Wall Street estimates on revenue and earnings per share.
And Jonathan Trager, CEO of Group Elephant, joins Cheddar to talk about his organization's mission to stop the poaching of elephants and rhinos in South Africa.
An app called CommonStock has come out of stealth mode with more than $1.8 million in seed funding to make stock trading more social, Cheddar has learned. "We’ve created what’s like a virtual trading floor where anyone can create a group and easily share information about a stock or crypto,” said CEO David McDonough.
The streaming player company introduced a set of wireless speakers to be integrated into the Roku system. “We know that when users sit down, and they stream their favorite shows or listen to music, if they’ve got great sound as a part of that, it’s just a more immersive experience,” says Mark Ely, vice president of product management for Roku.
The streaming platform added fewer subscribers and generated less revenue than projected in the second quarter. Shares plunged by more than 12 percent in after-hours trading.
