You are allowed to use copyrighted content for training. I recommend reading this article by Kit Walsh, a senior staff attorney at the EFF if you haven’t already. The EFF is a digital rights group who most recently won a historic case: border guards now need a warrant to search your phone.
The comparision doesn’t work. Because the AI is replacing the pencil or other drawing tool. And we aren’t saying pencil companies are selling you Mario pics because you can draw a Mario picture with a pencil either. Just because the process of how the drawing is made differs, doesn’t change the concept behind it.
An AI tool that advertises Mario pcitures would break copyright/trademark laws and hear from Nintendo quickly.
I don’t think how you interact with a tool matters. Typing what you want, drawing it yourself, or clicking through options is all the same. There are even other programs that allow you to draw by typing. They are way more difficult but again, I don’t think the difficulty matters.
There are other tools that allow you to recreate copyrighted material fairly easily. Character creators being on the top of the list. Games like Sims are well known for having tons of Sims that are characters from copyrighted IP. Everyone can recreate Barbie or any Disney Princess in the Sims. Heck, you can even download pre made characters on the official mod site. Yet we aren’t calling out the Sims for selling these characters. Because it doesn’t make sense.
I don’t buy the pencil comparison. If I have a painting in my basement that has a distinctive style, but has never been digitized and trained upon, I’d wager you wouldn’t be able to recreate neither that image nor it’s style. What gives? Because AI is not a pencil but more like a data mixer you throw complete works in into and it spews out colllages. Maybe collages of very finely shredded pieces, to the point you could even tell, but pieces of original works nontheless. If you put any non-free works in it, they definitely contaminate the output, and so the act of putting them in in the first place should be a copyright violation in itself. The same as if I were to show you the image in question and you decided to recreate it, I can sue you and I will win.
Nah all information should be freely available to as many people as practically possible. Information is the most important part of being human. All copyright is inherently immoral.
I’d agree with you if people didn’t need to earn money to live. You can’t enact communism by destroying the supporters of it. I fully support communism in theory, we should strive for a community based government. I’m also a game developer and when I make things I need to be able to pay my bills because we still live in capitalism.
Go on etsy search mickey mouse and go report all the hundreds of artists whose whole career is violating the copyright of the most litigious company on the planet.
No, it’s about if you make a game that’s worse or off-brand. If you make a bunch of Mario games into horror games and then everyone thinks of horror when they think of Mario then good or bad, you’ve ruined their branding and image. Equally, if you make a bunch of trash and people see Mario as just a trash franchise (like how most people see Sonic games) then it ruins Nintendo’s ability to capitalize on their own work.
No one is worried about a fan-made Mario game being better.
Actually we do. If your game is so terrible, it can get removed from the Google Play store. It has to be really bad and they rarely do it. Steam does this as well. Epic avoids this by vetting the games they put on their platform site first. It’s why the term asset flip exists.
Sure, that’s fair. Either way bad or good, it’s illegal to take someone’s existing IP and add on to it. Good or bad. No one is legally banning games based on quality and if they were good or bad it doesn’t matter. It matters that the original story owner has a vision and they have the right to make money off of their work without other people trying to take or add on to the story themselves. Brand fatigue is a real thing and while all of the CoD games are great and fairly high quality, the reason they get a bad rap is exactly brand fatigue. The Assassin’s Creed games were the same for a bit but they resolved that by spreading releases out.
Either way, the arguments to let people just add on to what they want seems to fall flat. Why not just build a universe like Mario and call it Maryo? Or the great giana sisters? Why involve someone else’s IP at all? because you are profiting off of the popularity that someone else built with quality products. In even a communist society I’d want that banned because it’s lazy, misrepresents the original vision, and overall it’s completely avoidable without a problem. In fact, why not force people to create new things instead of letting them be lazy and stealing the popularity of a well-made IP?
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You are allowed to use copyrighted content for training. I recommend reading this article by Kit Walsh, a senior staff attorney at the EFF if you haven’t already. The EFF is a digital rights group who most recently won a historic case: border guards now need a warrant to search your phone.
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The comparision doesn’t work. Because the AI is replacing the pencil or other drawing tool. And we aren’t saying pencil companies are selling you Mario pics because you can draw a Mario picture with a pencil either. Just because the process of how the drawing is made differs, doesn’t change the concept behind it.
An AI tool that advertises Mario pcitures would break copyright/trademark laws and hear from Nintendo quickly.
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I don’t think how you interact with a tool matters. Typing what you want, drawing it yourself, or clicking through options is all the same. There are even other programs that allow you to draw by typing. They are way more difficult but again, I don’t think the difficulty matters.
There are other tools that allow you to recreate copyrighted material fairly easily. Character creators being on the top of the list. Games like Sims are well known for having tons of Sims that are characters from copyrighted IP. Everyone can recreate Barbie or any Disney Princess in the Sims. Heck, you can even download pre made characters on the official mod site. Yet we aren’t calling out the Sims for selling these characters. Because it doesn’t make sense.
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I don’t buy the pencil comparison. If I have a painting in my basement that has a distinctive style, but has never been digitized and trained upon, I’d wager you wouldn’t be able to recreate neither that image nor it’s style. What gives? Because AI is not a pencil but more like a data mixer you throw complete works in into and it spews out colllages. Maybe collages of very finely shredded pieces, to the point you could even tell, but pieces of original works nontheless. If you put any non-free works in it, they definitely contaminate the output, and so the act of putting them in in the first place should be a copyright violation in itself. The same as if I were to show you the image in question and you decided to recreate it, I can sue you and I will win.
I agree.
That’s not it going both ways. You shouldn’t be allowed to use anyone’s IP against the copyright holders wishes. Regardless of size.
Nah all information should be freely available to as many people as practically possible. Information is the most important part of being human. All copyright is inherently immoral.
I’d agree with you if people didn’t need to earn money to live. You can’t enact communism by destroying the supporters of it. I fully support communism in theory, we should strive for a community based government. I’m also a game developer and when I make things I need to be able to pay my bills because we still live in capitalism.
If copyright was vigorously enforced a lot more people would starve than would be fed
It’s already vigorously enforced. Maybe you can expand on what you mean.
Go on etsy search mickey mouse and go report all the hundreds of artists whose whole career is violating the copyright of the most litigious company on the planet.
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No, it’s about if you make a game that’s worse or off-brand. If you make a bunch of Mario games into horror games and then everyone thinks of horror when they think of Mario then good or bad, you’ve ruined their branding and image. Equally, if you make a bunch of trash and people see Mario as just a trash franchise (like how most people see Sonic games) then it ruins Nintendo’s ability to capitalize on their own work.
No one is worried about a fan-made Mario game being better.
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Actually we do. If your game is so terrible, it can get removed from the Google Play store. It has to be really bad and they rarely do it. Steam does this as well. Epic avoids this by vetting the games they put on their platform site first. It’s why the term asset flip exists.
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Sure, that’s fair. Either way bad or good, it’s illegal to take someone’s existing IP and add on to it. Good or bad. No one is legally banning games based on quality and if they were good or bad it doesn’t matter. It matters that the original story owner has a vision and they have the right to make money off of their work without other people trying to take or add on to the story themselves. Brand fatigue is a real thing and while all of the CoD games are great and fairly high quality, the reason they get a bad rap is exactly brand fatigue. The Assassin’s Creed games were the same for a bit but they resolved that by spreading releases out.
Either way, the arguments to let people just add on to what they want seems to fall flat. Why not just build a universe like Mario and call it Maryo? Or the great giana sisters? Why involve someone else’s IP at all? because you are profiting off of the popularity that someone else built with quality products. In even a communist society I’d want that banned because it’s lazy, misrepresents the original vision, and overall it’s completely avoidable without a problem. In fact, why not force people to create new things instead of letting them be lazy and stealing the popularity of a well-made IP?
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