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(+4)

I think enforced disclosure is the most sustainable way of dealing with AI content long term. I completely understand people wanting to make informed decisions about where the content they consume comes from, and I wouldn't intentionally use AI assets in my own work.

Banning it completely could lead to human creations being unfairly penalized for perceived resemblance to AI (as has happened in academic settings), and removes the possibility of use for criticism and review—or even honest mistakes, as people not educated on the details of AI may not realize some of the tools they use could be considered AI.

Plus, there are legitimately creative human works, including on Itch, that have used AI assets. The early builds of The Roottrees Are Dead, for instance, used AI art. While I think the AI art was the weakest part of the game, the game was fully written, coded, and performed by humans, and the version now in development with fully human-created art may not have existed without those early builds.

So I think this is a healthy choice, and I'd like to see more clarity on what "generative AI" is considered to be for the purposes of tagging, as well as what the appeal process would look like if work is incorrectly reported as untagged genAI.

(+2)
human creations being unfairly penalized for perceived resemblance to AI

That they trained the models by real artworks does mean, that there are people out there that can and do create artworks that look like that...

I worry more about the code AI disclosure. In software development, AI tools were embraced more than they were shunned like in visual art. At least this is my impression. It is quite normal to import code snippets from elsewhere and modify them. Creating that snippet with a llm, instead of spending hours on dedicated message boards and documentations sounds like it would be business as usual and not even be perceived as the evil AI usage everyone is talking about.

To ban (generative) AI, it would have to be illegal to begin with. Banning it because some people do not like the concept or call it unfair or whatever would open the door to banning things for all kinds of reasons. When digital art creation was beginning to emerge, there also was a step that created unfair advantages. Imagine a place where art would be banned, because it was not done with pencil on paper, but with pixels and a program that would automatically fill in colors in a place.

Anyway, ther reason stated in the quality guidelines currently reads like this: legal ambiguity around rights associated with Generative AI content

If you sell an asset, that is a thing to be used in a thing that is to be sold yet again. If the legal situation has ambiguities and you do not know, if the asset you bought gives you full rights in the future for the content in said assets, that is a problem. Worst case, you try to make merchandise from your successful game and the genAI content you bought resembles an actual IP, since it was trained from data that containted that IP.

So I fully understand and welcome disclosure for products that are to be used in other products.

As for disclosure of AI in games, I would very much like to know what Steam does with that info or plans to do. They do collect the info since summer I believe. But I have yet to see a game description on Steam that told me, that a game uses genAI content. Maybe I just missed those. There also does not seem to be a filter option to not show games that have genAI.

What would be of course not ok, is to brag about hand made pixel art and whatnot, while the game is genAI. That is like selling organic food that ain't.

(+2)

you said: To ban (generative) AI, it would have to be illegal to begin with. 

Not at all.  This is a private site.  You're subject to whatever rules the powers that be decide to make.  Your participation isn't mandatory, so you opt to either a) follow the rules or b) not use the site or its services.   You may not agree with the rules, but you still have to follow them in order to post here (or any site that's privately owned).

Also, re: legality -- For visual art (and probably writing, though I haven't seen any cases on it yet), you already can't copyright AI-generated content.  It's technically not yours.  It's still new enough that the legal rights/status of content created by machine is still being debated (obviously), but right now, if you put up a game with AI images, and some other creator came along and used all of your images with their own text?  It's legal.  It's shitty.  But it's legal.  (And no shittier than stealing from a bunch of artists by using AI, really.)

I buy a lot of games here.  I want to know my money isn't going to lazy AI-bros.  From the perspective of someone giving y'all money, I'd much rather give a human money than reward unethical gen-AI prompt typists.

(+2)

My point is, there is just no reason to ban it. I did not get the impression, that there are arbitrary rules here at work on Itch. They might not list some things in their index, but that is not the same as banning.

And requiring a disclosure on ai gen created assets does have external reasons. It is not arbitrary. Assets are used in other projects.