Backpack Kid is also suing Epic Games over a dance in Fortnite

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Russell Horning, also known as Backpack Kid, is the latest celebrity to sue Epic games over claims that the company used his dance in Fortnite without permission, according to Horning’s legal representatives.

The dance Horning is claiming ownership over, “Flossing,” was what first helped him gain notoriety online. After posting videos of himself doing the dance on Instagram, Horning quickly became a viral sensation getting invited to various events and performances for his signature dance. The Fortnite dance emote that provoked the legal action is called “The Floss,” and is instantly recognizable as the dance that Horning made famous.

Horning joins actor Alfonso Ribeiro and rapper 2 Milly — all represented by the same law firm — as the third celebrity to file a complaint against Epic Games in the last month.

Just like these other performers, Horning does not own the copyright to his dance — a very important and difficult step in claiming ownership — but has filed for it. Unlike his fellow performers, Horning has participated at Epic sanctioned events in the past in relation to Fortnite. Back in June of 2018, Horning played in the game’s E3 Pro-Am. During the event, Horning was asked by TMZ whether or not he thought he should get anything from having his dance in the game and he replied, “it’s not that big of a deal, I’m just glad it’s in the game.”

When reaching out to Epic about the original 2 Milly lawsuit the company told Polygon that it, does not “comment on ongoing litigation.”


whats a Backpack Kid? Even after reading this, I don’t get it

he’s the kid that (i think) first started the "floss" dance. This is one of the more popular "Fortnite dances". I know them because all the kids on my 1st-4th grade basketball team seem to have Fortnite ADD where if you leave them alone for 20sec they start doing one of the many dances.

I think all kids that age do that. My son and the rest of his Cubs group are exactly the same. Fortnite ADD is a great descriptor though.

You were correct writing you "think" he started it first. It’s ridiculous he would claim it as his. and "hey look what I can do" lol

Geez, That was a lot of cringe right there……….

That’s Utah for you.

Polygon, please add these to the article. This is a very important part of this story as a whole.

This one seems to be even older (2010):

The guy in the video claims someone named Matt Castillo taught him the dance.

I’m sorry, but you shouldn’t get to claim property rights on a dance. What the actual hell?

I agree with your legal argument. However, I do feel in this case it’s more important for everybody to sue Fortnite for everything. Just on general principal that it’s Fortnite and needs to be punched in the face.

Because… they managed to create a game that millions of people enjoy? Yeah! Screw those a-holes!

What a douche.

Punched. In. The. Face. So hard!

Mostly because they take the dance moves of numerous people and barely credit them with creation of the dance move, let alone pay them.

Epic gets rich with a low amount of creative effort, why can the dancers get rich on a low amount of programming effort?

What is wrong with everyone getting that that money?

Yeah because creating the art, animation and implenting them in engine is easy work. /rollseyes

Making an awesome dance also easy work, so its easy all around. EASY MONEY! /rollseyes

Having worked with this engine before, it’s actually super easy to do animations, even in the little I’ve used it. Probably nothing for a pro at Epic who has mocap data.

It may be easy to bring them but it is not easy to animate it mocap or handcrafted. People claim Mocap is easy to do but it isn’t there is a lot of data an animator has to comb through and reduce to not only fit the engine but also look good in general. This is speaking from a person that has animation work mocap and handcrafted. Each comes with their own difficulty.

It’s not 15 years ago, where the only modular game engine was Source. Importing and exporting these things are a cake walk these days. As long as someone knows what they’re doing and can do it efficiently, applying an animation to a generic player model is cake. If anything, generating the necessary components to have it displayed in game, like a store icon, adding it to the game’s listed database, telling the game that it’s a purchasable item or an item that comes to their battle pass, and just generally having it be an actual thing in game; probably takes way more time then just recording the mocap and implementing it to a rigged up model.

what can you do that is better that is creative. I am not a fan of the game but seems like they are very talented and reaping the rewards of their success while you are at home in your mothers basement.

Why would I be in my mother’s basement?

Cause a lot of these "suers" ripped of their ass jiggle from other places.

It’s not a swan lake ballet, it’s a step from left to tight, fuck these guys.

Yes, that makes it okay for them to steal people’s artistic work and sell it for profit?

So you don’t like something,therefore it needs to be sued. That’s pretty sad.

you actually can

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