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Epic Games Is Fighting Back Against 2 Milly's Emote Lawsuit

Have you ever seen a dance move described in excruciating detail? You're about to. According to Gamesindustry.biz, Fortnite developer Epic Games has filed to have rapper 2 Milly's emote lawsuit dismissed — and in the process, is laying out exactly what makes the emote different from 2 Milly's dance.


Let's start with the more simple stuff first, though. To start, Epic Games feels it can get the suit dismissed based on a claim of free speech. More specifically, Epic feels that 2 Milly wants to hinder the company's ability to express itself freely through its emotes, and that the rapper is "claiming rights that do not exist under the law" by trying to both assume ownership of the dance he's performed, and prevent others from doing it.

Things take a humorous twist, however, in Epic's second argument. The company also believes that 2 Milly's dance — the Milly Rock — is nothing at all like Fortnite's Swipe It emote, and that 2 Milly doesn't have a case as a result. In order to properly take that stand, though, Epic had to explain the differences between the two dances in its filing. So it did.


"[The Milly Rock] consists of a side step to the right while swinging the left arm horizontally across the chest to the right, and then reversing the same movement on the other side," Epic explained. "Swipe It consists of varying arm movements, sometimes using a straight, horizontal arc across the chest, and other times starting below the hips and then traveling in a diagonal arc across the body, up to the shoulder, while pivoting side-to-side on the balls and heels of the feet, a wind up of the right arm before swiping, and a rolling motion of the hands and forearms between swipes."

It's hard to imagine that simply seeing the above words would help anyone, so we have a proposal: have the counsel for 2 Milly perform the Milly Rock, and have the counsel for Epic Games perform the Swipe It. Then let a judge decide: are the dances similar enough? And also: which lawyer had the better moves?

We'll let you know if anything about the status of this lawsuit changes.