Has the Fortnite dance craze peaked? You'll have to consult a seven-year-old for an answer to that, but Epic Games is still subject to legal action related to the celebratory dances that players can break into as they battle royally in the free-to-play hit. Other games, such as Microsoft's Forza Horizon 4, have headed lawsuits off at the pass by simply removing offending emotes, but Epic still faces multiple challenges.
Alfonso Ribeiro, the actor who played Carlton in The Fresh Prince of Bel Air, is in the process of suing Epic for its use of the 'Carlton Dance', but it seems he might have problem – TMZ reports that a specialist working for the US Copyright office has thrown a banana skin onto the stage after delivering the following assessment to Ribeiro's lawyer:
The combination of these three dance steps is a simple routine that is not registrable as a choreographic work.
Labelling the fancy footwork a 'simple dance routine', it appears Ribeiro might not have a leg to stand on if he can't prove that he rightfully owns the dance. Epic appears to have won this round and can go back to counting its millions (or batting off other lawsuits).
Anyone unfamiliar with the 'Carlton Dance' or any of this Fortnite emote malarky need only consult a family member between the age of 7-11 who'll be more than happy to perform their extensive repertoire of routines and bang on about llamas like they discovered the bleedin' things.
Has Epic won? Does this mean we'll be flossing til the end of time? Drop us a line below...
[source tmz.com, via nintendosoup.com]
Comments 78
Oh boy. Now he'll just be remembered as "that boring old guy who thought he was being super original or whatever."
Ummm throwing a banana at a black man seems quite racist to me. I don't think that's the metaphor the writer was hoping for, but it's the one we got.
@riChchestM "Ummm throwing a banana at a black man seems quite racist to me. I don't think that's the metaphor the writer was hoping for, but it's the one we got."
Only someone looking for such thing will find them. Need to get out from under the rock more and live life more.
@riChchestM I would have never seen that interpretation. I mean we're on a Nintendo website of all places, ya know the company responsible for Mario Kart and it's frequent use of banana peels...
Honestly it might be better if you edit your comment to remove that claim as I think your suggestion might lead to otherwise unwarranted controversy.
No I will not edit that. The UK has seen too many shameful episodes of banana skins being thrown at black football players to intimidate and cause racist offence. I do believe that the writer did not intend this and so a simple edit would fix this unintended mistake.
EDIT: here's a recent example from December and the perpetrator was charged with a criminal offence: https://www.bbc.co.uk/sport/football/46422171
@riChchestM Please, stop.
Fortnite is already on it's way out thanks to Apex Legends, of course it's going to fight to keep the dance party going by hoarding as many ridiculous emotes and dances as it can. Even poster boy Ninja moved on to Apex already. Had a good run, but it's definitely about over.
@SwitchForce
Well said. I'm super tired of people like @riChchestM who waste their life searching for things to feel insulted by. It's a god awful and pathetic way of going about.
Well.. this is not the comment section I was expecting
@BalrogtheMaster I'm equally surprised. I think subconsciously I was expecting people to be going on about how Fortnite is for kids, but perhaps the author already beat that horse's corpse.
@CurryPowderKeg79 Nah, as a guy, I've had my underwear get scrunched, and it's not a comfortable feeling. 😅
I'm offended by another Fortnight article =0p
@CurryPowderKeg79 As far as I know people don't get too offended at that phrase, I've heard it applied to men as well. The sad truth is that today's online climate is full of too many 'professionally offended people'.
@riChchestM
It’s not “what we got”, it’s what you got from it. It’s a common enough saying without it being twisted into something else.
@riChchestM 'Throwing a banana skin' is a pretty common term for causing someone to slip up or make a mistake. I'm assuming, in your eyes, Mario Kart is equally at fault here?
I mean, I'm equally annoyed by racism in all of its forms, but you really are reading more into this than there actually is.
@Damo So instead of making a tiny change to the article, you're having a pop at one of your readers again? If you really believe that it's a safe thing to do, then why not try throwing an actual banana onto a stage when a black person is on it, and see what happens. I don't recommend it.
@riChchestM There's no change needed because the term 'throwing a banana skin' does not denote racism. And racism was never the intention of the original post, as most of the other people posting comments here seem to understand.
Also, to address the latter part of your reply, we're not literally talking about throwing a banana skin at someone. You grasp that, right?
@riChchestM #Triggered
@riChchestM Dude, how dense are you? This was a simple metaphor. I would never even be able to even make that connection until YOU pointed it out. Why would you even bring in a literal throwing banana on a black person? Over a stupid metaphor? Damn you just ruined my day.
@Vepra that’s what people like him do. They are perpetually offended and literally everything they read or watch is done with the sole purpose of sharing what offensive things they discover.
They have no joy in their lives and their sole purpose in life is to bring down society. Frankly I think the site should ban him. Garbage speak like this needs removed from the internet.
@AG_Awesome I agree with the ban. There was nothing wrong with this. Just a nice update on the lawsuit, nothing more. Then this random dude just has to come up in here, NINTENDO FAN PAGE out of all of the internet, and starts with racism. Kinda obvious who is the racist one here tbh.
@Vepra
https://twitter.com/riChchestMat/status/1096368303654752256
He has politely withdrawn from the conversation. Let's move on
@Damo Alright. I will keep an eye on that tweet tho.
Those steps might be too generic to be registrable, but then labelling it the Carleton removes any chance of mere coincidence.
That said, it’s too bad the actor doesn’t view this as a badge of honor and a clever reference to 90s pop culture rather than as a ripoff of his creation.
@riChchestM lol I get you given how offended people can get. I was thinking Mario kart but this isn't Mario. Glad Alfonso lost honestly. Feels petty to sue over a dance. It's like Stevie Wonder suing ovee gangster's/Amish paradise with his original pastime paradise that is simply golden.
The Carlton, The Charleston.......who cares. I'm gonna trademark my fart sounds.
The jabs the writer made at the majority audience of Fortnite was quite humorous I must say XP.
I love the wording in the last paragraph
Whilst I don't believe for one second the article writer intended what he wrote to come accross as racist, and I dont think there is any racism in this article to be clear, I disagree that "thrown a banana skin" is a common phrase. I have certainly not heard it used that way before. He "slipped on a banana peel" is a common expression.
To play devil's advocate I could potentially see how the article writer putting his own spin on the common phrase drew riChestM's attention to it and led him to think there was potentially some malice involved.
That is all I have to add.
@SBandy The beautiful thing about phrases is that they differ a lot bassed on where you live. Just the fact its not common for you does not mean it was intended to be racist.
@Vepra
Did you actually read my post? I said I do not find it racist. I was however showing that because it is not a common phrase to me, and evidently riChestM, there is a chance of some people drawing the wrong conclusion as a result.
I was offering an explanation for why he took it the way he did.
Why do people keep suing fortnite? I mean, there are some cases that are legit, but others just seem like there trying to get attention.
EDIT **After writing the post below I decided to check up on my own assertions and entered "throw a banana skin" into google. Half of the results I got back detailed incidents of racial abuse where people threw banana skins (as opposed to bananas) at black footballers as well as performers such as Dave Chappelle. While this is obviously influenced by my location and google profile, I think it still refutes the distinction I wrote about below. I now think that @riChchestM does indeed have a point. I think that it's fairly obvious that the writer didn't intend it in this sense but it might be worth an edit anyway.***
Late to the discussion but I think that there is a meaningful distinction between "throwing a banana" (as racist scum have and still do with regard to black football players) and "throwing a banana skin" which is a common term for causing misfortune for another person. It's a slight difference but a meaningful one in this case.
I have no problem with people making objections of this kind just as I have no problem with people treating them seriously even if they don't agree. I'm weird like that.
@riChchestM a banana skin, not exactly a banana
@Beetoe I thought the same until I entered "throw a banana skin" into google and got loads of articles about racists throwing banana skins at black athletes and entertainers.
@SBandy Thanks for playing devil's advocate. I'm also gonna say I find nothing wrong with the author's words.
I do disagree with this being a common phrase. It is however, a very common visual joke the author makes reference to: https://youtu.be/RMDgmHB4znc
The problem with riChestM's comments, and tweets, is he is twisting the author's words to make it sound like he is throw a whole banana at a black man. Where in reality, he is meaning the threw a peel (statement) to slip up the lawyer.
This is my main problem with riChestM's comments.
@Skid
I agree RiChestM probably went too far off the deep end but the language used in the article has caused it, even though it was unintentional.
I would also say there is no distinction between a banana and a banana skin/peel, they have both been thrown on pitches by knuckle dragging racist idiots for the same purpose.
Slipped on a banana skin/peel is the common phrase and if that was used here ("his case has slipped on a banana skin") then no one would be having this conversation.
Again, I do not believe that there is anything racist in this article, just offering a potential explanation for the confusion.
@CurryPowderKeg79 "as someone who lives in America i'd think you'd know better everyone is looking for something to be a fended about these days, and getting fired for it."
I'll give you a surprise I am in the Minority group. I grew up in the 80's all White american town and if you don't know how Discrimination and Racism works then you will never know it.
@CurryPowderKeg79 "Have you not been watching the news for the last decade? My mom has been calling us nappy headed(bed head) for over 40 years."
Nappy heads does equate to Discrimination or Racism.
@CurryPowderKeg79 "And just 6 years ago someone got fired from a $100,000 plus job for saying the same thing about a minority person even though they meant nothing racist about it.
I'll go back my first reply here - if you never been a Minority you will never know this.
@CurryPowderKeg79 "Stores have had to pull black ski masks because some people consider it racist."
That is just stupid and a market ploy. Now painting your face "Black Face" that is downright Racists.
@CurryPowderKeg79 "And i do understand a little bit as White Chicks is the most racist movie i've ever seen not all white blonde girls are ditzzy and dumber than rocks."
That movie was a stereotype. There is a difference between Stereotyping and where is goes too far to the point it becomes Racists overtone.
@CurryPowderKeg79 "But in the end, i don't really care what you say about my race or where i live ect., ect. as long as your not attacking me or my family personally."
This is where one gets themselves into trouble. "White Privilege" - If one doesn't know about this then the statement you used is the reason why there is the problem in America. And why would anyone attack or harm your family personally? That line is a scapegoat line - so please don't use that line if you want to be known for Diversity and Inclusion.
I'll throw one last fire bomb in here. I've known white people and talked to them and here's something that should Offend every female gender including White women. I've heard this "I like those women aka sex but I don't like the men" so if one can't see this obvious Sexists and Racists reply then one should leave and not live in the so called UNITED states of America.
@Aneira "Well said. I'm super tired of people like @riChchestM who waste their life searching for things to feel insulted by. It's a god awful and pathetic way of going about."
Actually, I think this is good so they get exposed for whom they really are. That is the good and bad with internet you can expose whom you are faster. Not only that it will remain there long after you're gone. Just like alot of politicians nowadays their down past are coming back to Haunt them and not just them but everyday person be careful what you write or post on FB or social media things come back to Haunt.
Of course it's fair game. Dance moves are not intellectual property and can not be copyrighted.
I'm convinced nothing spreads racist thinking like all the people who chronically discuss racist thinking. Maybe the "violent video games" crowd has a point about gaming, as well. Never in my life have I heard of this, never in my life would I ever have associated this phrase with anything but Mario Kart, Loony Tunes, and silent film. Until everyone makes banana skins about racism. Then you have to think about it. Then for the rest of your life you end up associating a banana as a racial metaphor or something. Maybe if people stopped propagating these ideas of how everything can infer something else, less people would actually think of things in demeaning ways. Let bananas be bananas and stop trying to make everything about something else until you instill in everyone that everything is about something else. Unless you're trying to sew division for political gain. Then keep doing what you're doing, it's working well.
@RedMageLanakyn Fortnite isn’t going anywhere. Streamers do not dictate what games must be played. As long as people enjoy a game it is relevant. There is far too much “bandwagon” gaming these days I swear.
What in Goddess' name is a banana skin?
@ALinkttPresent I though it just covered the soft fruit inside a banana. Apparently the meaning of this yellow mass is context sensitive. Who knew...
@Mountain_Man "Of course it's fair game. Dance moves are not intellectual property and can not be copyrighted."
As I mentioned is other articles relating to this subject he was going to loose and it seems I was correct he couldn't copyright this.
@NEStalgia "I'm convinced nothing spreads racist thinking like all the people who chronically discuss racist thinking."
I will say this and quote this. This is what the very same mindset of those with "WHITE PRIVILEGES" use to avoid talking or becoming uncomfortable talking about Race Relations.
Fun fact: over 90% of people who claim to have invented a dance stole it off a choreographer or someone else.
@NotTelevision Do you mean like the banana peel?
@SwitchForce This is introducing an "always think about race first and foremost!" mentality where none previously exists. "Talking about race relations" isn't a desirable end goal, it's a reinforcement of keeping everyone separate by aligning interaction around race as a primary differentiator instead of just interacting with people as people. The end goal should be for there be no context to talk about "race relations." If you relentlessly tell people to always think about racial difference, don't be upset when people as a result relentlessly think about racial difference and it results in unending mental segregation - because that's the objective of such thinking. It's a self fulfilling prophecy. "People are racist and therefore need to be constantly told to think about race of everyone they meet!" Shouldn't people not be evaluating their interactions with people based on race rather than encouraged specifically to do so? Isn't that guaranteeing a downward spiral?
It's a negative reinforcement constantly reminding people to separate everyone and to treat different people differently based on a categorization. SOME people would do so anyway. But many people wouldn't. The dream of the "colorless society" is impossible so long as everyone demands to evaluate color first. Everyone is forced to just retreat to their own group and complain about all the others, preventing any other situation.
But it's always been very very useful for keeping people divided and therefore malleable. Useful, useful tool of politics.
@riChchestM Dude if the guy didn't mean what you are suggesting then the article shouldn't be changed. All this racist this, and racist that is driving the world nuts.
G'dammit I wish the world would shut up about it, **with the obvious exception being when offence was clearly, or proven, to be intended**. Otherwise we are in danger of making the world more race sensitive than it already is by drawing out all these assumptions about people's intentions whenever they write or speak, and considering some fantasied offence that might be taken. It's ruddy madness.
Basically it comes down to this: **If offence wasn't offered, non should be taken, or assumed.**
So sorry, but I agree with many above who are ready to move beyond even mentioning race where possible.
It's like we all **supposedly** agree race doesn't matter/define us – but then seem incapable of shutting up about that very topic.
@SwitchForce Finally, a beacon of hope amid the fog.
@NEStalgia 'I'm convinced nothing spreads racist thinking like all the people who chronically discuss racist thinking.'
That's beautiful thinking and I agree wholeheartedly;
And to whoever suggested this is a scapegoat mentality for the 'white privileged' to use to avoid talking about or becoming uncomfortable talking about Race Relations – Firstly I cannot express just how much is wrong with that way of thinking - and the use of that horrible in brackets phrase. Secondly there is an assumption that whoever these 'white privileged' are, that they are uncomfortable talking about race in the first place. It's a blanket statement about a mass of individual's who each have their own way of thinking and unique (and possibly very underprivileged) circumstances. Honestly, those who use such phases are perpetuating the problem.
To those whom can't see past their White Privileges is the reason where in the problem we're having. Maybe if you were in the minority then you would see the light of day. This is why people will call you out. When you are uncomfortable talking about Race relations that is when real solutions come but until you become uncomfortable you will never look past your bias. Put this way I already told another poster I am in the minority and another example of those with White Privileges whom can't see what racism does it this very same scapegoat line:
"I don't have a discrimination against other race but I have friends whom are minority"
This line is used as a excuse to avoid talks they don't want to talk about because they know they will be Outted. It's as though it is a passing thought to them but when you say that to a minority person they get the talk between the lines there.
This is the white privilege lined that is used the most and to me that is a dead line being used to avoid uncomfortable talks about Race relations. I ask them what have to done to solve race relations and they try to deflect to other discussion. That to me is very telling of those whom claims aren't biased are really biased but don't want to be called out. And that is the sad part here.
Also you have in USA 1st Amendment Speech right but you can also be held accountable for it. Rights come with Responsibility if you don't do it someone will do it for you by calling you out.
But now back to the Dance Copyright. He failed to prove otherwise and now he can't call un-fair use(pun).
@SwitchForce I've read a lot of your posts and for the life of me I can't quite figure out your viewpoint. This is because your sentence composition and grammar is very poor, and many of your posts have fundamental communication issues.
Please know this isn't me attacking your language skills vindictively – I don't care if you writing is a bit rough, and in general it really and truly doesn't matter.
However it does matter here, because you are discussing a very important, sensitive and volatile subject matter. If you can't compose reasonably clear messages when commenting on important topics, then there is a strong likelihood of someone misinterpreting a viewpoint you share, and then making some potentially harmful conclusions.
Take this line of yours as an example:
'To those whom can't see past their White Privileges is the reason where in the problem we're having.'
I'm sorry but that line doesn't make sense at all, and many of your comments are much more difficult to try to interpret. With the above I think I can make a good guess – you probably mean something like: 'Many white people cannot see past the white privileges they have, and this, I believe, is the reason why we have such racial issues.'
If that is indeed your viewpoint (which is still not a fully-formed statement that makes much sense), then I completely disagree and you are being openly offensive to white people in particular, and by extension, every other race, because you are showing the example of making surface negative judgements about a set of people due to their race. And guess what? - there is a word for that.
Racial problems come from any person or persons who think less of any other person, in any respect at all, because of their skin colour or their associated culture – or worse actively hates them for it.
Having 'privileges' does not fit that criteria, but judging any race for having such privileges and using it to blaming them for any hate in this world (as you appear to be doing), certainly does meet that criteria.
Your view (***IF*** I've interpreted it correctly) is a very narrow and short-sighted view of a complex matter. And dare I say, it is actually an openly racist statement itself! It may even be the only genuinely intentionally racist thing that's been said on this tread.
However because of your sentence structure being so bad I can't be sure you mean it like that. Therefore I'm going to give you the benefit of the doubt by hoping and assuming that I'm completely and utterly wrong.
So please, check your comments very, very carefully before posting them to make sure they read clearly, and do in fact express your thoughts precisely.
@Damo while his reaction to the banana peel might be a little over the top, I’ve seen you guys and the mods let racist threads run for days. Example: Jhon Tron news- Users in that thread argued that Black people are genetically coded for violence, to have the lowest iq’s and that they have no culture/contribute to society. Maybe you shouldn’t pretend the site is so squeaky clean.
@brunojenso your the very example of close mindsets. Trying to use grammar as a excuse is just that excuse. You are prime example whom has no clue of Diversity.
@Mayor_Haggar yeah and you're the example of stupidity that cause the problems. I could care less about you as well since you failed Diversity already. And with the handle Mayor you clearly are no mayor not would you even get voted mayor if they found out your real colors.
Well it looks like now we Race Relations we have now found out the whom has poor Race Relations on NL. Glad you responded now all readers on here can see the Bigot for whom you are.
@SwitchForce Accusations of "white privilege" is a kafkatrap. Look it up if you're unfamiliar with the term.
@SwitchForce Sorry mate, but you are very wrong, and it is clear to see. And as I said, your grammar is not the issue. I believe you are intelligent enough to compose your sentences well - but you are not bothering to try. The real issue is with your harmful use of the term 'white privileges'. This is a disgusting term, and I now believe you are being openly racist and then diverting peoples attention from that fact by accusing others as being so. I'm calling you out now.
@Royalblues
Well the original of that is “throwing a monkey wrench into the works”
@Royalblues
But they don’t look racist?? Just because one person decided to see it that way doesn’t mean a thing.
Remember when people slipping on a banana peel was funny? Smash Ultimate remembers.
A peel, something to slip on = appeal, something you do when you surprisingly get a verdict you don’t like. Sounds clever to me. Carry on. No reason to Muk this up. (Sorry pokeymans)
@Royalblues You don't know NL were being racist at all - you have just decided to interpret that way, and that's on you. There was nothing explicit in the statement to suggest disrespect of any sort. Again that's just how you've chosen to see it, and I don't think NL need to change a word. Maybe there is bigotedness in the NL staff - I have no idea - but I do know there is nothing explicit in this particular article's wording to support that.
@JackEatsSparrows
Considering the article says banana skin I would say your comment is pretty pointless.
I have already said the sentence used in the article is not the common phrase and it has created this entire situation.
Have to say I also think @Damo linking to riChestM's twitter account is really quite irresponsible and uncalled for.
SwitchForce also seems to be revealing themselves to have some quite troubling views and is close to going on my ignore list.
@Mountain_Man Accusations of "white privilege" is a kafkatrap.
I'd never heard of that term before, but just read up on it. Spot on.
@brunojenso
Whilst I agree with a lot of what you have said I think the phrase used in the article is misjudged as it is not the common phrase to use and that is why it has garnered all this attention.
I repeat I do not believe the article writer was being racist in any way it is just a poor choice of words and as such it would do no harm to edit it. If it was me I certainly would.
@Royalblues And that is the point – I, and you, don't know what their intention was at all. I did not say that they didn't mean offence, and I didn't say they did. I simply said, based on the article that we don't know.
However you, unlike me are assuming the worst, based on no explicit proof. That's unfair.
@Mountain_Man Actually look that up as well that is a well known term and those trying to deflect know clearly what it means. Sounds like you never had any Diversity and Inclusion training or been to the other side of the tracks and lived their life. When you do post that on YT for all to see would ya.
@SBandy Sure mate. And I think I agree with you that it was just an unfortunate case of it not being written very well, or skilfully. Based on what you are saying maybe they should edit it ...but do you think that would encourage certain forum members to take that as some sort of confirmation of an ill-intent in the original wording, instead of just seeing it as NL 'doing the right thing'. I think there is a chance of if opening a further can of worms. Not sure.
@brunojenso
Yeah it has now become a bigger thing and pretty difficult to know what the best approach is. It should have been addressed much earlier in truth.
If there is to be an edit now it really needs to be accompanied with an explanation, a simple "sorry folks for any misunderstanding I have edited the phrase to remove any negaitve connotations"....or something. Who knows.
I really do disagree with Damo linking to riChestM's twitter account though, NL have not covered themselves in glory here to be honest.
@Royalblues I do get your point, and I'm really sorry but I still disagree. If no CLEAR offence was made – non should be taken. This particular case is a grey area – we don't really know what was meant, and there is a huge danger of us jumping at shadows. There is a very real problem on the internet of people taking offence when it's unclear whether any was intended.
If we discovered it CLEARLY was said offensively, then yes they most certainly should apologise - then I would wholeheartedly agree with you. But just because some people say something IS offensive, when even those same people can agree that there was no proof of offence intended, then that doesn't make it so.
Anyway I feel like I'm getting too emotional now - and I really don't mean any harm by challenging anyone's comments. It's just that if we're not careful it becomes a bit of a 'witch hunt of words' if you know what I mean.
I only spotted one openly bigotus phase in this thread and that was the only one I really wanted to challenge. Anyway, peace out folks.
@SBandy Yes mate that sounds like a nice and wise approach. Also I confess I don't know the history of any NL past mistakes regarding this subject matter - so please don't think I'm trying to blindly defend NL.
@brunojenso
Don't think that at all. I really like Nintendo Life though I do have the occasional issues with click bait articles or the tone of some articles and am not shy in stating that.
I also think that the issue with this article is just one big misunderstanding, but it is one where I can see why some people have taken offence and in this instance NL's overall reaction, or lack of one, has been pretty poor.
Thats me done for the night. Have a good one.
@SwitchForce How about I add you to my ignore list instead because you're a race-baiting troll.
@Mountain_Man LMAO go ahead and for being a bigot and exposed "R". This is what happens when they get found out they get scared.
A "Specialist" working for the US copyright office means nothing. What does specialist mean and how does it apply to copyright. This is just clickbait [removed] from TMZ. It worked though and here it sits on another site gaining traction. Even if he was a scholar on copyright, which I doubt, it doesn't affect the court case in the slightest. A judge will hear evidence from both sides, this is just an opinion from a guy that works at the copyright office and means nothing.
Please mind your language - Octane
Both the story and the comments section gave me a good laugh.
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