There is a bucket full of machine made bricks. The kid toy kind. A kid builds a playhouse with those toy bricks. Is the house human made or machine made ;-)
That’s structurally no different than a game made with AI graphics assets. Machine-made doesn’t have the same stigma as AI-made and the kid isn’t trying to sell copies of the house while competing with fully hand-made houses, so nobody is going to call the kid out on it. Using machine-made parts is OK. Heck, I use a compiler (a machine) to compile my own code all the time!
When I download real world elevation data, it is just that. Data. When I then include it in a game, it is still just data. Even if this data makes up my entire level design. The choice to use that data is design. The code that turns the elevation data into a polygon mesh that can be displayed and interacted with is code. But the data itself is just data. And that is still true if I used AI-generated elevation data instead of real world elevation data.
And my Sokoban level is the same “kind of thing” as elevation data. If you only look at the walls, it literally is elevation data: high where the walls are, low where they aren’t.
Maps are data. When they are made as images to display, they are graphics data. When they are made of tiles and spawn points, they are non-graphics data. (And when they consist of height data, they can be either graphics data or non-graphics data, depending on how the data is used. Normal maps, created from height maps and used purely for display, are graphics.) My simple Sokoban level aside, they are made in specialized map editors, not text editors. They are not Turing complete. They do not contain more than the simplest “logic”. They are not made by programmers, but by level designers.
Even if you want to call them code, because that’s the hill you chose to die on, nobody else will do the same. They’re the kind of things that beginner developers create in so-called no-code game engines because they are too intimidated to learn an actual programming language.
(If you want to say that no-code game engines are an oxymoron, I say that it depends on how limited the game engine in question is. Visual scripting is still scripting and therefore coding. But map editing is not.)
And another thing: just because something is encoded in code, doesn’t mean that thing is code. Example script:
npc.speak("Thank you for helping out. Here's your reward.");
npc.give_player_gold(10);
Taken as a whole, it’s definitely code. But the thing between the quotes, that’s text. Putting it in the script is a task for a programmer, but actually writing it? That’s the writer’s job. And the number 10 is just a number, i.e. data. Even if it is embedded in a script. And while a number by itself may not be copyrightable, a database consisting of labeled numbers certainly can. It’s just a matter of scale.
If I carefully design a reward schedule for quests in my game, that’s copyrightable non-code work. If I ask an AI to do the same, that’s non-code AI work (but non-copyrightable because of AI). And if I include this schedule in the game, whether it is as a standalone file or a bunch of numbers scattered across dozens of scripts, I am including non-code non-graphics non-audio non-text AI content in my game.