May 12: Epic Games faces Utherverse in jury trial over alleged patent infringement of playback tech behind Fortnite’s Ariana Grande & Travis Scott concerts.
In a case that reads like the script for a sci-fi concert special—complete with larger-than-life avatars, underwater mosh pits, and virtual bubble-rides—Epic Games will face off against blockchain-toting metaverse outfit Utherverse in a jury trial beginning May 12, 2025, over whether Fortnite’s groundbreaking Ariana Grande and Travis Scott shows unlawfully borrowed patented “playback” technology.
Utherverse, which filed suit in June 2021, is eyeing 15 percent of concert revenues while Epic insists these digital spectacles were scripted, not mere replays of prerecorded events, and that the patents themselves are invalid.
The Lawsuit Takes Center Stage
When Utherverse Gaming LLC first sued Epic Games in June 2021, it leveled claims under four distinct patents covering “multi-dimensional avatar” technologies—essentially the nuts and bolts of hanging out in sprawling, interactive virtual worlds. By early 2022, Epic had fired back with a counterclaim, arguing not only non-infringement but also the invalidity of those patents.
Over years of filings and hearings, the fray narrowed to a single patent related to “playing back an experience in a virtual worlds system,” the precise mechanism Utherverse says underpins the Fortnite concerts. Utherverse pitches itself as “the world’s best 3D social network,” complete with its own cryptocurrency for in-world transactions, while Epic sees its dancefloors as freshly choreographed events, not recordings of past happenings.
Epic’s Virtual Stages: A New Cultural Frontier
Fortnite’s concerts have transcended the battle royale: in April 2020, Travis Scott’s “Astronomical” event drew some 27 million unique viewers, smashing records for online performances. That opening saw a colossal Scott avatar erupting from the ground as players—each in their own neon-hued skins—grooved across shifting landscapes that plunged underwater and back again.
Ariana Grande’s 2021 “Rift Tour” followed, lifting attendees into bubble-wreathed skies and cosmic cloudscapes, with avatars floating serenely around a celestial Grande. Both spectacles were looped and replayed multiple times over consecutive days to meet demand.
The Stakes: More Than Just Music
Utherverse is seeking 15 percent of what Epic earned from those two events—a sum Epic guards under nondisclosure but which industry insiders peg into the tens of millions.
A November 2020 GamesIndustry.biz report estimates Scott’s show alone grossed roughly $20 million, including virtual merchandise, far eclipsing the $1.7 million haul of a typical Astroworld tour stop. Such figures underscore how Fortnite has become not just a game but a lucrative platform for artists and brands alike.
Jury Trial on the Horizon
Come May 12, the dispute will be before a federal jury in the Western District of Washington, with trial expected to run four to five days. Epic’s lawyers will argue that the concerts were pre-produced creative works, not literal replays, while Utherverse will counter that the patented “playback” functionality is indistinguishable from Fortnite’s event engine.
The outcome could set a precedent for how future live events—whether digital concerts, weddings, or cinematic experiences—are architected and monetized in sprawling online worlds.
Cultural Encore: Where Music and Gaming Collide
Beyond the courtroom, this clash highlights Fortnite’s evolution into a cultural amphitheater, one that has hosted Goku dance-offs and sold out virtual stages for superstars—all within a game that amassed 125 million players in its first year alone.
As artists and developers continue to blur lines between performance and play, the verdict will ripple across both the music industry and the metaverse, determining who controls the codes of tomorrow’s digital stages.
source POLYGON
