×
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

  • Rapper, Songwriter BlocBoy JB Sues 'Fortnite'

    Rapper, Songwriter BlocBoy JB Sues 'Fortnite' Creator Over 'Shoot' Dance

    BlocBoy JB is joining the ranks of performers suing Epic Games for a dance move. In this case, James “BlocBoy JB” Baker filed suit against the “Fortnite” creator for the game’s use of his “shoot” dance, a dance move he created in his music video for “Shoot.” The dance move is called “hype” in the [...]

  • Spaces Terminatro VR Experience Goes Live

    Comcast-Backed Spaces Launches San Jose Location With 'Terminator' VR Experience

    Comcast-backed virtual reality startup Spaces is getting ready to open its second California location in San Jose next month: The company has teamed up with Cinemark to open a new VR center at the Century 20 Oakridge and XD theatre in San Jose on February 8. The new Cinemark Spaces center will open with “Fight for [...]

  • 'Farming Simulator' Esports League Promises Big

    'Farming Simulator' Esports League Promises Big Prizes, New Game Mode

    “Farming Simulator” is getting its own esports league and a new competitive game mode to match, according to an announcement made Wednesday via the game’s official website. The decision to make an esports league around the farming game comes after the “Farming Simulator” Championship’s first season was held in 2018. The Championship will become a [...]

  • PS Now Coming to New European

    PS Now Coming to New European Territories Later This Year

    Sony is rolling out PlayStation Now service to new territories across Europe later this year, it announced on the European PlayStation Blog on Wednesday. Gamers in Spain, Italy, Portugal, Norway, Denmark, Finland, and Sweden will soon get access to over 600 PS4, PS3, and PS2 titles. Sony will confirm launch dates for those regions soon, [...]

  • Crackle - To Win it All

    Sony Crackle Nabs 'Rainbow Six Siege' Esports Documentary Streaming Rights

    Sony Crackle has secured exclusive streaming rights to Ubisoft’s esports documentary “To Win it All: The Road to The Six Invitational,” following three pro players of “Tom Clancy’s Rainbow Six Siege” shooter as they head to the title’s biggest tournament of the year. The free streaming network is slated to bow the documentary Friday, Jan. [...]

  • 'Far Cry New Dawn' Struggles to

    'Far Cry New Dawn' Struggles to Find Itself

    “Far Cry New Dawn” feels like a playable identity crisis. The almost ironic neon blooms of setting, the scavenger hunt narrative, the familiarity of core play offset by tweaks in the formula all result in an experience that seems to struggle to find itself, a game caught mid-transformation. Perhaps it’s unfair to cast so large [...]

  • Crytek And SpatialOS Developer Improbable Team

    Crytek and SpatialOS Developer Improbable Team Up for AAA Project

    German game studio Crytek is partnering with technology company Improbable on an unannounced AAA project, it revealed in a blog post on Wednesday. The new game will use Crytek’s game engine, called CryEngine, and Improbable’s SpatialOS, a cloud platform for real-time multiplayer games. Crytek said it will give more details about the project soon. The [...]

More From Our Brands

Access exclusive content