Tbf, deserts of kharrak had a cool mp mode, too, and it’s a shame it died out immediately. It is a fairly novel and unique rts in a lot of ways, and very pretty to boot, so not sure what happened. I guess the maps are all very samey

Or they could just decline to host something they think is dumb trash. Surely, you can just download the mod fucking somewhere else if you want it?

Understand that this is not an IP right that OpenAI is defining and promising enforcement of, but simply a contracted obligation. As it currently stands in the US, there is no property right in the outputs of a generative model (like a gpt or sd).

For a lot of procgen content, i believe the individual assets or comprising components are still handcrafted, it’s just the placement of them that is done procedurally. But video game copyright is actually pretty complex (in theory; somewhat in practice, too, but much more answerable) so I’m not sure, assuming a fully genAI set of assets and their placement, how this would pan out. I suppose those components would need to be identified for limitations on the copyright under current filing guidelines, but there is still a whole lot in the game that is protected.

No, this isn’t really correct. The US Copyright Office has released policy that pretty clearly states where the line falls and it’s certainly beyond super simple prompts. In fact, by the reasoning in the policy document, I’d say it’s any time where if the AI were replaced with a human and you’d want a work for hire agreement to assign copyright, then that is likely non-copyrightable subject matter.

I’ll add, how this works with modern AI art flows, still remains to be seen, but I think probably on the side of no copyright. Currently, works use very elaborate prompts, some edits, bashes, and masks in an editor and then img2img and inpainting to really get your work where it needs to be. However, under the current rubric, the sort of nexus of creativity is still happening in the model so unlikely to be granted copyright.

The Copyright Office recently released a webinar on just this point. Basically anything that is creative and human generated is still granted copyright, but the AI generated components are themselves non-copyrightable. In your examples, those components are fairly de minimis (small and insubstantial) and so the overall copyright of the work wouldn’t be impacted.