Do you remember the internet sensation known as Orange Shirt Kid? Let's take you on a history lesson. Back in early 2018 we reported on a submission for Epic's BoogieDown contest in Fortnite where a child wearing an orange shirt (hence the name, you see) did a dance that became a hit with the game's community and the internet. It was a competition to get your dance in the game as an emote, you see, and fans around the world were trying their hardest.
This lovable dance never won the contest, but Epic still decided to put his moves in the game as a tribute to his newfound fame. This is how the Orange Justice emote was born, in part due to a Change.org petition featuring of 11,000 signatures at the time, and the dance has retained its popularity ever since.
Despite the Orange Shirt Kid actually celebrating being put into the game when it first happened, the latest news reported by Variety is that the boy's mother - called Rachel McCumbers - is now suing Fortnite over the inclusion of the dance, but there are a few things to unpack here.
In the suit there is no mention of the tweets either submitting the dance or celebrating its inclusion, nor is there mention of the BoogieDown contest at all. On top of that, Epic did state originally in the rules of the contest that players wouldn't get paid if their dance was used, and Orange Justice was never sold for monetary value anyway, since it was part of the Battle Pass and needed to be earned.
The damages being sought are unspecified, but the suit alleges that the child was cyberbullied, forcing him to deactivate his YouTube and Instagram accounts. It also claims that the dance is called The Random, but now it's referred to by its Fortnite name.
It might not surprise you to hear that the firm submitting this suit, Pierce Bainbridge Beck Price & Hecht LLP, is the same one representing Fresh Prince of Bel-Air actor Alfonso Ribeiro; 'Backpack Kid' Russell Horning; and rapper 2 Milly, all of which are also suing Fortnite over the use of emotes.
So despite continued success - including topping the list of most-played Switch games in Europe last year - the legal battles over emotes are mounting, with the existing criticism of their practice only recently manifesting itself in actual lawsuits.
What do you make of all these lawsuits?