Epic Games says the "Swipe It" dance has been misidentified as the "Milly Rock" by all the detractors.
Fortnite isn't laying down without a fight. As you might recall, the user-created characters in the video game celebrate their in-game triumphs by emulating dance crazes made popular by the peripheral characters of the hip-hop establishment. Of all the "dance" creators who've cried foul, only 2 Milly, the inventor of the "Milly Rock" has issued a lawsuit towards the Fortnite's publisher Epic Games.
As it turns out, Epic Games is countersuing 2 Milly's original complaint of copyright infringement. Their counterargument is based on two factors: A) they don't believe 2 Milly invented the dance, and B) they believe the dance that appears in the game is substantially different than the "Milly Rock."
In their legal tender, Epic Games made sure to outline their belief that no one person can own a dance. In their estimation, to claim a dance on an individual basis would be to defy the "building blocks of free expression," as per TMZ. As for the argument that Fortnite players aren't even guilty of doing the "Milly Rock" because the inspiration for their "original" dance comes from a similar craze called the "Swipe It," believe it or not.