From the outset, the BoogieDown contest made clear that entrants waived rights and wouldn't be paid. While Orange Shirt Kid didn't strictly win, McCumbers' lawsuit doesn't even acknowledge the contest's existence, let alone make a case that the dance was selected outside the contest's terms. There are no references to since-deleted tweets where her son submitted the dance and cheered the decision to include his move in the game. McCumbers also incorrectly claims that Epic sold the dance -- the studio honored the nature of the contest and gave away Orange Justice as a free unlockable emote. There's no evidence the company profited directly from the inclusion, even if it potentially reeled in some players.

McCumbers does note that her child continues to "successfully" use his dance and its tagline on a commercial basis, and points out that he had to temporarily deactivate his Instagram and YouTube accounts due to "extreme cyber bullying" as a result of the clip's popularity. These don't really help the case, though, and actually suggest that he's profiting from his inclusion in Fortnite.

The lawsuit asks for unspecified damages. We wouldn't rule out a success in court, but the company is more likely to be concerned about lawsuits over paid dances it used outside of contests.