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Epic Games filed for rapper 2 Milly’s lawsuit against the company regarding use of his dance move in the game to be dismissed on the grounds that the claim is at odds with free speech, according to court documents released Monday.

2 Milly filed a lawsuit last year, claiming his dance “Milly Rock” was recreated as a dance emote in “Fortnite” called “Swipe It,” without permission. 2 Milly further did not receive any compensation for the use of his dance. Epic is filing for dismissal, noting that the plaintiff, 2 Milly, cannot establish substantial similarity between his dance and the emote.


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