'Fortnite' maker asks judge to toss rapper's dance lawsuit

Andrew Dalton, The Associated Press</span>
Published Tuesday, February 12, 2019 3:31PM EST

LOS ANGELES - The makers of "Fortnite" are asking a federal judge to throw out a lawsuit from a rapper who says the video game is illegally using a dance he created.

Epic Games filed the motion Monday to dismiss the lawsuit filed in December by 2 Milly, a Brooklyn-based rapper whose real name is Terrence Ferguson. He alleges that "Fortnite" uses the "Milly Rock," a dance he came up with in 2011.

Epic Games' attorneys argue that the dance known in the game as "Swipe It" is substantially different from the "Milly Rock," and that even if it weren't, courts have held that simple dances can't be copyrighted.

2 Milly was the first of several artists to sue over "Fortnite" dance moves.

A judge has scheduled arguments on the motion March 4.

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