×
You will be redirected back to your article in seconds

Mom of ‘Fortnite’ Superfan Orange Shirt Kid Sues Epic Over Use of His Dance

The mother of the young boy affectionately known as Orange Shirt Kid, whose awkward “Orange Justice” dance won over so many “Fortnite” players they convinced Epic Games to put it into the game, is now suing the studio over its inclusion.

While this is just the latest in a strong of plaintiff’s going after Epic Games for inclusion of their dance moves in “Fortnite,” what makes this particular case odd is that the “Orange Shirt Kid” submitted the dance to Epic Game’s BoogieDown contest to have the dance included in the game. When he didn’t make the cut a mass of players took to Change.Org to petition Epic to include him in the game. Eventually, much to the delight of the kid himself, they got their way.

In the rules for the contest, Epic spells out that players won’t be paid for the use of selected dance moves and also notes that it has the right to use the dance for publicity for the game. The dance was also never sold, but instead given away as part of the free battle pass. So it had to be unlocked by playing, but not through a purchase.

In the lawsuit, filed last week, there’s no mention of the BoogieDown contest, nor of the tweets — now deleted — from Orange Shirt Kid in which he submits his dance moves or celebrates Epic’s post-contest decision to add him to the game. Instead, the child’s mother, Rachel McCumbers, says that Orange Shirt Kid “exploded in popularity in or around early 2018, after he made a video of himself performing the Random and the accompany Catchphrase.”

After the dance, which the lawsuit says is called “the Random,” gained popularity, Fortnite players started a campaign to encourage Epic Games to incorporate the Random in “Fortnite,” according to the suit. It also notes that the child was the victim of “extreme cyberbullying” and that he was forced to deactivate both his Instagram and YouTube accounts.

The suit also notes that now when people perform this dance they don’t call it the Random, but rather refer to it by the name used in Fortnite: “Orange Justice.”

McCumbers is seeking unspecified damages.

Pierce Bainbridge Beck Price & Hecht LLP, which filed this lawsuit, is also the law firm behind complaints filed against Epic Games by Brooklyn rapper 2 Milly, actor Alfonso Ribeiro, and Instagram star Backpack Kid over the use of their dance moves in the game.

For a deeper dive into the issues surrounding the “Fortnite” dance lawsuits, make sure to read our explainer.

More Gaming

  • Phil Spencer

    Xbox Chief Phil Spencer Outlines Plan to Combat Online Toxicity

    Head of Xbox Phil Spencer outlined new plans to combat toxicity and promote online safety in a post on the Microsoft Blog on Monday. Spencer believes in two fundamental truths about gaming, he said. One, that gaming is for everyone and, two, gaming must promote and protect everyone’s safety. “No one group ‘owns’ gaming,” Spencer [...]

  • Oculus Quest Gets Netflix App, But

    Oculus Quest Will Have Netflix, but Not Plex or HBO

    Facebook’s new Oculus Quest headset is launching with a number of high-profile gaming titles this Tuesday. Media apps on the other hand will take a bit of backseat, with some key players sitting this latest headset out for the time being. First, the good news for anyone who has pre-ordered the headset: One of the [...]

  • Sony Interactive Launches Film, TV Studio

    Sony Interactive Launches Film, TV Studio to Adapt Video Game Projects

    Sony Interactive recently launched PlayStation Productions, a studio tasked with adapting the company’s video game properties into films and television shows, according to The Hollywood Reporter. PlayStation Productions is headed by Asad Qizilbash and overseen by SIE chairman of Worldwide Studios Shawn Layden. It’s reportedly already working on its first slate of projects on the [...]

  • Watch YouTuber Play VR Game 'Apex

    Watch YouTuber Play VR Game 'Apex Construct' on a Football Field

    “Apex Construct” developer Fast Travel Games recently teamed up with YouTube content creator Jugon Virtual to show off the virtual reality adventure game’s motion mechanic on a large football field. Using the standalone Ocululs Quest headset and body motion exclusively to navigate the game world, Virtual covered a total area of 6050m2 while playing, Fast [...]

  • Double Fine's Apocalyptic Rogue-Like 'Rad' Coming

    Double Fine's Apocalyptic Rogue-Like 'Rad' Coming August 20

    Double Fine Productions’ upcoming 3D rogue-like “Rad” is coming to Xbox One, PlayStation 4, Nintendo Switch, and PC on August 20, the developer announced Monday. Set in a post-post apocalyptic world in which humanity has faced the end of the world twice over, players take on the role of a teen protagonist who is forced [...]

  • Players Can Explore 'Outer Wilds' Solar

    Players Can Explore 'Outer Wilds' Solar System This Month

    Open world exploration game “Outer Wilds” is coming out at the end of this month, Annapurna Interactive announced Monday. The final version of the game, which puts players in a repeating 20-minute loop in a time-stuck solar system, is coming on May 30. In “Outer Wilds,” the player is the newest recruit to a space [...]

  • BAFTA Young Game Designers Make Games

    BAFTA Young Game Designers Make Games for Social Change

    The British Academy of Film and Television Arts (BAFTA) selected 40 entries as finalists in its Young Game Designers (YGD) Competition 2019 on Monday, according to a press release. 53 budding game designers as young as 10 were named as finalists in the annual UK-wide competition, selected by a panel of gaming industry professionals. The [...]

More From Our Brands

Access exclusive content