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Are AI Assets Controversial on Itch io?

A topic by LunarMoonStudios created Apr 20, 2023 Views: 4,392 Replies: 64
Viewing posts 1 to 17
(+3)

Hello everyone! Hope you're having a great day. I wanted to have a discussion with anyone interested about the idea of AI generated art here on Itch io. For it? Against it? Can't pick a side? Or simply don't care?

Personally, I've always been on the fence about it. Especially people who make money off of it. But sometimes the art looks really pretty and would go perfect for a certain project. Tbh I'm not 100%  sure how AI generation even works, but there is chance there could be stolen art. And then some creators use AI art and personally customise it. Is that considered okay? 

Let me know what all of you think! But if you don't agree with someone, please don't be mean about it. Let's all be civil

(1 edit) (+8)

Not sure if you’re looking for arguments or something of the sort. Either way, I’m strongly against the automation of any good job, and devaluing of skill.

I’ve had some cases to which I’m sympathetic. One developer here uses AI as a last resort and wishes to switch to humane art once they are able to afford it. That, of course, brings its own problems. A lot of things suddenly become “too expensive” once people have the opportunity to avoid it.

My values heavily influence what I look for in products as a consumer. If I see AI, 99% chance I’m going to avoid it. It’s like Chinese products.

Moderator moved this topic to General Discussion
Moderator(+25)

One danger with AI assets on itch.io is that they make it easy for spammers to flood the site with garbage, crowding out legit creators. It happened in other marketplaces, and we didn't have this sort of tech years ago. Like on the WordPress theme directory. People complain about things being hard to find on itch.io as it is. To do it on purpose would be disrespectful to them.

(2 edits) (+10)

Agreed, and I think that any assets using AI generation in any part of its creation process should be outright prohibited. It's gonna make legitimate, high-quality assets harder to find if it's allowed, because it'll encourage spam of low-quality, low-effort assets. I understand that "in any part of its creation process" is pretty aggressive, but otherwise it would be difficult to draw the line as to whether or not it should be allowed. No in-between.

If someone really wants AI-generated assets, they could just generate it themselves. Isn't that kind of the point of it after all?

(+4)

At the current form most AI assets don’t seem gamedev ready. I mean high polygon counts, not automatically modular and so on. So besides images this shouldn’t be a problem AT THE MOMENT.

If assets are provided they should be easy to customize and implement into engines regardless how they were created . 

1. As long as Ais motto is fake it until you make it shouldn’t be allowed. 

2. Also what @mid said about the devaluation of human labor would be especially hard for a community focused marketplace like itch.

(+10)

If AI assets are allowed, I would love to have a way to filter them out. Maybe even default to that, and require users to opt in if they want to see AI stuff.

Whether AI should be allowed or not, I haven’t thought about it enough.

You can filter with ai-generated tag... It isn't full for now but...

(9 edits) (+6)

IA is a sensitive topic because it's being used as a scapegoat when it comes to replacing people's jobs. 

Automation, unfortunately (or fortunately?), is unavoidable, as it has been around since the dawn of the  industrial revolution.

Have you heard about a profession called "Aircraft listener"? No, right? This is how their work used to look like:


That's how things used to work before we had the radar. Do we see people complaining saying we should have no radars anymore so these people could get their job back? No.

People tend to blame automation for the job replacement, but it's not the automation the problem, it's the society context in which we live.

I don't want to get political here, but the way society works nowadays is profit driven. Profit is not just achieved when you sell more or when you sell for a higher price, but also when you spend less to sell the same thing, so if one can fire 90% of their employees to produce the same product (in the same amount and time) in the end, they will.

If society was not profit driven, IA could stay as a tool to help everybody do their work faster and consequently have to work less in the end. Wouldn't you like having to work 4 hours a day and produce as much as you would in 8hrs? So yes, automation can do that, it only depends on the employers to start doing that, but the more they do that, the more they favor the ones that don't do that to profit over them, taking over their market and eventually bringing them down to bankruptcy.

In short, people should worry more about how they want their society to work, rather then just attacking automation itself.

If I could summarize all this in a sentence it would be something like: 

- Competion (even with an IA) can be healthy if your career doesn't depend on it.

(+4)

Ai is wrong word. They should use better word. The controversial thing is not automated computer generation of stuff. As you pointed out, whe have and had that plenty.  Any procedural generated content and any computer player is ai driven. The controversial thing is that you train those things with real stuff and they are good at imitating. for copyrighted material that is so problematic by design, that you could have protected material still in the database of the thing. reproducing material is a license issue. And if the "AI" scrambles it and rearranges it, it still is the unlicensed material. One could try some fair use doctrine, but this is thin ice, as an ai is not a person - and that even brings up discussions about copyright of material created by such ai.

well, ok, those are problems, but not the problems people get emotional about. They see two other aspects. The automation, as usual, like you point out, machines taking our jooobs (as if ouotsourcing to chinese sweatshop would be any better). And the existential problem  those machines pose. what they do is create art. And if they can do that, it devalues being human, beause it is athing many believe makes us human and not animal.I think it just devalues art, or rather shows that (most) art is not some spiritual  gift or has deep meanings.

(1 edit) (+2)

I can't talk about every IA, but lots of IA models do not "scrambles it and rearranges unlicensed material". Neural networks for instance, try to imitate our brain, the same way you take inspiration in an existing game to create your own. And yes if an Art create by an IA is similar enough to another existing art, then that's plagiarism like how lots of humans do the same way.

And No, AI will never replace humans in making art, what will happen is the way we do Art will shift completely. For instance, instead of painting yourself you may now talk to an AI instead and artists in this "new era" will be most likely people that can take the most of the AI to create the best art pieces. It may be quite similar to what already happens nowadays with sculpting (we still have people carving on rocks) but it's way more common to find people sculpting 3D art in their PC (using Z Brush for instance) and 3D printing them or just uploading them. 

(+3)

Thereis examples of AI Art where signature of original artists popped up in the image.Rehashing is precisly what some of those nets do. It learned that for the thing the operator wants, that signature is important. Or those fake pictures of Trump with missing or extra hands. The net was trained with photos, obviously, and on photos hands are often not visible or you see extra hands from different persons.

Those nets that are trained with real stuff are not learning how to do the skill, but to imitate the result by rehashing. With frightenly accurate or creepy results in some cases. 

And with copyrighet material that poses legal risks that are not decided yet.  To put it blatantly oversimplistic,   you can view a trained ai as a filter, like those popular for selfies. And instead of one image you add effects to, you use hundreds images and add a little random and an objective for the result. Like, picture-bot, give me one with that Trump person sitting and eating a burger.  

But you still use  stuff that you might not have the rights to use or not use in that way. Real persons can do that in some scenarios. But that does not mean that tools (or their operators or the service provider that hosts the tool)   are allowed to do that in all scenarios. 

(+1)

I do agree there are AIs out there that steal other people work, but again: That's not to blame the AI itself, but the one who created.

If you train an AI using unlicensed material, that's the same of you stealing someone's work using the AI or not.

There are AIs out there that are trained only with CC0 materials, that are benefic specially for artists. Some of my artists colleagues use AI tools to make their texture tileable or to hide undesired imperfections.

So this falls back not to the AI itself but but rather on how people use (or create) it. Like how already happens with any polemic technologies like GMOs, gene editing and so on...

(+1)

But there are some jobs which if replaced by ai can make millions of people lose there job like for example game development job. Like if there is an advanced version of chat GPT people can just ask it to make exactly the game they want like maybe a GTA v clone.

And again in the future not all people will be able to afford ai and advanced technology.

In your scenario, it's not AI who is firing those people, right? Is a human at the top owning the company that decided to do that. That's what I meant by changing the way we run our society.

And no, AI will not be able to create a game from the scratch any time soon, and when it will (maybe long after we die) game development will be completely different, people may not need to code in the way we code, people may just talk to the machine on how the want their game to be, an actual game developer could be someone that knows how to get most out of this AI? Or someone who understand better how a game mechanics work behind the curtains? 

And btw, wouldn't it be awesome to create a GTA-V like game effortlessly? If you stop to contemplate you already create way more complex games a lot easier than what we did 30 years ago that required a team of pro to get super mario working.

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Well in some years it might be possible for ai to make games by itself like now chat GPT can write simple programs and code for you.

It will be cool if ai can 'help' game developers and not replace them like the other advances in game development softwares.

Like it took 3 days to make the original flappy bird and now any experienced game developer can make it in 15 minutes.

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To get a Flappy Bird clone, those developers just assemble different modules together; they made a lot less.

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Well, considering programming language, ai generated stuff ist just one or two steps higher. I bet almost none of the so called game devs could program a game in assembler. Or even something higher like C or even Java. If you look at renpy code for a vn game, that is mostly writing literally what should happen. gpt is something of a compiler then, just like c compiler generates machine code, gpt generates c code

Or combining modules like you said. The hard part of flappy bird is not programming the thing, given the right tools and even whole engines. It is coming up with the concept.

Those are some huge steps. Doing the same as we’ve done in the past makes no rational sense on its own. Secondly, even if AI is one or two steps higher, you still have to explain why that is a good thing. If you ask me, that most developers don’t know Assembly is a bad thing.

I wouldn’t compare GPT to RenPy at all. The latter is still programming, whereas the former is banging your head against a wall. I don’t want people to be dumbfucks. At some point, a line must be drawn.

(+1)

I did not mean to liken gpt to renpy. I tried to make concept clear that dev of some renpy games does not know  programming, but uses advanced tool to make  game development simple. The "evolution" of prorgamming langueges is to make pseudo code actual code.

This is not even ai related. With advanced engine and language to insctruct engine, you could make flappy birds in  minutes. I thtough that was what you too meant with the modules. 

(2 edits)

Wouldn’t you like having to work 4 hours a day and produce as much as you would in 8hrs?

Convenience is basically profit as well and, like profit, convenience also brings harm.

(1 edit) (+2)

Convenience maybe harmful only in a profit driven society

(2 edits)

Convenience can be defined as putting in less for equal or more gain. That differs little to none from the definition of profit.

Furthermore I have seen little to no evidence that more automation generally leads to higher life satisfaction. If a machine does more, then your own actions are less consequential, hence you are lesser as a person.

Giving an aircraft listener as a single example doesn’t prove the general case. There, the person does basically the same overall work with the radar as they did before, so its less of an issue. This is the same reason why digital art isn’t as controversial as AI art.

So no, I don’t agree that it would be great if you could make a GTA V game effortlessly. If that were the case, then you’d be doing almost zero work, hence the game isn’t made by you. And even if it were, nobody would care because they can make their own GTA V game. In your scenario, every person would be a profit-driven entrepreneur.

(1 edit) (+2)

" In your scenario, every person would be a profit-driven entrepreneur."

Again, that's only true in a profit driven society, I don't think you understood the main point of what I said in my original post.

First: from google: Profit = a financial gain, while Convenience = being able to proceed ... with little effort or difficulty. If one could lead to another as that is the discussion, but they are literally not the same.

So what is a profit driven society? If you live in US, then that's your society, a society in which you must profit or you will die (lose your job, go bankrupt, then you can't pay your bills, and eventually you go even homeless) then convenience will be used as a tool for profit, hence it will not bring anything beneficial and you are right as I said in the original post.

However if a society is not profit driven, i.e., profit is nice to have but not an essential part of it, meaning you don't need to profit to survive, then, it's the opposite, convenience will be a tool serving people to have a better life

(1 edit)

I think I do understand your point, but if you had the convenience of making GTA V effortlessly, then you will have replaced hundreds of people’s jobs, and yourself put in 0 effort (by definition) in return for some gain. Hence that convenience would give you profit.

Somebody profits pretty much anywhere when convenience is involved, irregardless of the kind of society. This is why I equate the two – they’re identical in meaning but are applied in different areas of life. Any time you make use of a convenience, somebody suffers. Could be you, or somebody else. The question isn’t that, but whether that suffering worth it.

I think it’s useful to look deeper into the meaning of convenience. If you don’t then we’ll have to agree to disagree.

(2 edits) (+2)

" if you had the convenience of making GTA V effortlessly, then you will have replaced hundreds of people’s jobs"

Type of jobs die and new are borns, the same professional can upgrade his skills to keep up with the changes, the problem here is people losing their means of income due to how fast these changes happen and the main point of it all: profit driven society.

If a programming language becomes obsolete, the programmer may learn a new language, like how it happened with 16 bit IBM ASM almost no body code that anymore to make games nowadays (differently then how it used to be 30 years ago).  Making a complex game effortlessly is already happening for quite a while, if you use an existing game engine you are part of it, the engine itself replaces a lot of people that would be required for you to build a complete game, one like you would say, "it's bad to create a 3D game effortlessly" 30 years ago, and now we can create an FPS game yourself solo in less than a week in unreal.

"Somebody profits pretty much anywhere when convenience is involved"

Yes, I never said profit is bad or unavoidable, someone making profit for a good game is always a good thing. I said if profit is needed for survival, then that is bad.

 "I have seen little to no evidence that more automation generally leads to higher life satisfaction"

Do you use a car? or the internet? supermarkets? Online shopping? Aren't these leading to better quality of life? 

A car, aka AUTOmobile, like an automated carriage? or on-line dictionaries like wikipedia? Like an automated free dictionary? Even the food you buy at your groceries store is a product of automation.

(3 edits) (+2)

Type of jobs die and new are borns, the same professional can upgrade his skills to keep up with the changes, the problem here is people losing their means of income due to how fast these changes happen and the main point of it all: profit driven society.

Those same professionals shouldn’t have to upgrade their skills to support the degeneracy of humankind. If millions of people wish to drive trucks, they have that right. Likewise with art.

Wait, “upgrade”? Lol.

Do you use a car? or the internet? supermarkets? Online shopping? Aren’t these leading to better quality of life?

Yes, and people have never felt like they had an emptier life. Only in a very naive, short-term view are these technologies improving quality of life. All technologies attempt to isolate us from eachother, the real world, and dumben us to the point we cannot live without them. That is nothing to glorify, and especially nothing to enforce upon all of us.

And for the record, all of your examples I in fact strive to use minimally. Furthermore, I haven’t used a smartphone since 2017.

It’s the typical technophile rhetoric to suggest that if technology A was replaced by technology B, then it justifies technology C in doing the same, without any regard for all intricacies involved. This fundamental assumption is ridiculous, and has no basis.

Technology is great when it lets us stay sharp and grow sharper, not revert into fetuses. As that technology grows more advanced, the less does that apply.

(7 edits) (+1)

Technology is like knowledge, none of it is bad, the way you use may be the problem (like knowledge). Internet was created for war purposes, and now it's way for people around the world to learn, interact and know new cultures, so something that began with a "bad" purpose becomes good just because we use it differently now.

"Those same professionals shouldn’t have to upgrade their skills to support the degeneracy of humankind. If millions of people wish to drive trucks, they have that right. Likewise with art."

Two things here, professionally speaking if a doctor about to perform a surgery on you refused to upgrade his skills about using new technologies that make the operation a lot less aggressive with way higher chances of success rate to you would you still let him do the surgery on you?

Second, "If millions of people wish to drive trucks" of course, nobody is saying you can't drive trucks, you don't use a smartphone right? And you're happy, so we are all good, but professionally speaking that's not the case, as I said in the doctor situation, if there's a new technology that prevents accident a lot more than driving your own truck and it's way more friendly to the environment, then it's undoubtedly better than professionally hiring a truck driver, but if one still wants to drive his truck, that's up to him to decide.

You are confusing the technology with the use of it. Blaming the technology is the same thing as blaming the car for a drunk driving car accident. If we create a technology that allows us to do clean and sustainable energy, but people use it to make nukes that can destroy the whole planet, it's not the scientists nor the technology to blame, but the way that people that are using.

(4 edits)

Technology being neutral doesn’t make it harmless. I don’t hate technology. I even said in my last post when technology should be used. But if it is used solely as a convenience, its users will inevitably devolve.

if there’s a new technology that prevents accident a lot more than driving your own truck and it’s way more friendly to the environment, then it’s undoubtedly better than professionally hiring a truck driver,

Disagreed, other than the environment part, which has nothing to do with this.

Of course I meant professionally. That’s what we’re talking about in the first place. Skill and labor should be rewarded, not stripped away. If a producer minimizes all labor and his own effort, that just shows me how little he cares about his product.

A driving accident means a skill deficit, which is solved by improving, not the reverse.

(+5)

I owe a lot to AI for getting my start in game dev. A lot of the concerns raised here are great points that need to be taken seriously (danger of flooding the platform, exploitation of artist labor without compensation), but overall I am very excited for what AI will open up for game design, especially on a platform like Itch.

The games I’ve made so far have been very specific explorations of the strangeness of AI-generated content, and so in some ways they are niche use cases, but I do feel the technology is already at a point where it can be a huge boost to many solo developers. Especially for prototyping and game jams, it is extremely useful. If the alternative is stock assets, AI-generated assets made from scratch will clearly lead to more interesting experiences.

Yes, a platform flooded with AI-generated asset packs would not be great. But I honestly don’t think that is the direction we’re moving in, because the tools are evolving fast enough that people are already generating their own custom assets based on their exact needs (that’s the whole point of this tech, right?). There will still be a market for high quality, carefully crafted assets, but the value of lower quality assets will literally fall to zero and (hopefully) fade away. Kyle Kukshtel (designer of CANTATA) wrote a post on this a little while ago. I completely agree with his main point, that the only jobs AI will be taking away are the lowest level ones that were already made miserable by commodification.

The other concern, the exploitation of artist labor, is more serious, but there are reasons to think the tech is in the process of adopting a fairer model for the future. I realize hoping that tech would ever choose the ‘fairer’ path probably sounds laughably naïve, but there are signs the public (and legal) pressure on this subject is having an impact (StableDiffusion making it harder to prompt artist names to mimic style is one). There are also ways that artists might soon be more directly compensated through generation. PixelVibe, a tool specifically for game dev that just launched (I just tried it out for their game jam last week), has said they are looking to work directly with artists to build specific models on their site.

If the tech does move in this direction, and if the compensation models are at least a little more generous than say Spotify, then AI could truly be a net positive for everyone. And I am definitely excited to see all the new voices that it will empower to make games here.

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IDK how AI art would work regarding copyright law. Maybe you could use it as a reference?

Moderator(+3)

Recent court decisions in the US established that AI art can't be copyrighted over there. No idea if this has been tested elsewhere yet.

(+2)

To be honest, as someone who lives here, US law can change on a dime depending on which political party is in office so I wouldn't depend on it.

(+1)

Just shows how controversial all that automated "art" creation is.

(+4)

I look at generative AI the same as any other kind of tool that an artist can use as part of their workflow. Computers have been automating large parts of the creative process for years, with tools like Photoshop filters, Blender scripts, Substance Designer nodes, etc. Naturally, some programs like these are starting to implement AI-driven plugins. I think using AI tools is perfectly fine as long as they're used as just that - tools. I don't see much value in trying to sell or expect credit for something where an AI has done the majority of the work. That would be like generating some Perlin noise in Photoshop and putting it up on an asset store.

As far as the issue of plagiarism goes, I think it really depends on the individual images. The way people discuss AI, it seems like there's this assumption that if copyrighted artwork is involved in the generation process in any way, then the output necessarily must be considered plagiarism. I don't believe this use of the term is appropriate. The first requirement to claim plagiarism is that the art actually looks like an existing piece of art in the first place. Human artists are influenced by other art all the time (it's impossible not to be) but that alone doesn't make the results of that influence plagiarism. You have to demonstrate that what they made bears meaningful resemblance to another author's work. By "meaningful resemblance" I mean elements that are unique to the original author, and not just "both images are a picture of an apple".

Is AI guilty of this sometimes? Absolutely. As mentioned here before, some models are capable of reproducing artists' signatures, among other things. In these cases I believe it's the responsibility of the user not to use such content in ways that would infringe upon the rights of the persons being imitated.

Deleted 306 days ago
(4 edits) (+2)

We don’t ban any uploads from github because it might be someone else code

DMCA??

LLMs are really getting a weird luddite vibe going on the internet

Is “luddite” meant to be some boogeyman? Is the word a trump card?

I don’t hide the fact I am a neo-Luddite. Luddism was never anti-tech. That is clear if you would do a five-minute search. The Luddites destroyed certain old technology, and there were some new they left behind.

Luddism is about concern for human independence, the value of skill over short-term convenience and hedonism, and above all else, the original Luddites fought for their rights as workers.

please think critically and take the time to learn about these systems from educational or STEM sources before forming strong opinions.

I have. What you’re proposing is not to think critically, but to mindlessly submit to your favorite authority.

There is no incompatibility between Luddism and computer science. A good programmer knows where computers do not belong, and this case is one of them.

How technology works internally is also irrelevant. This is about its long-term effects, the politics of it.

Deleted 306 days ago
(1 edit) (+1)

Ultimately, this sort of thing does more harm then good because it doesn’t make people feel like they can open up

The fact you assumed anyone who is against AI in this use case hasn’t “thought critically” does the same, and is the reason for my combative tone.

You went to modern dictionaries for the definition of a Luddite? Who do you think wrote those?

I made clear my stance, because I’m tired of folks slandering their name when a lot would identify as one if they’d know what it was about. But, apparently, speaking up for good working conditions justifies their genocide and subsequent besmirching.

My point remains; you do not know what Luddism truly stands for, and my existence is testament to that.

(3 edits)
 But, apparently, speaking up for good working conditions justifies their genocide and subsequent besmirching. But, apparently, speaking up for good working conditions justifies their genocide and subsequent besmirching.

This is like some seriously delusional levels of jumping to conclusions.

I think you  should be weary of this level of paranoia, but I am staying clear of you and this conversation if this is the unnecessary and toxic direction you are going to take it in.

i took the time to write a well thought out and well communicated reply to the main thread, and did the same point by point for your reply. 
All you have done is spew emotional rhetoric back in return  ,intentionally or not, ignoring the actual text of my post.

You are projecting your negative interpretations of my text onto what my actual unstated thoughts and assumptions are.
You are assuming your made up assumptions about what I meant are some sort of reality and making a fuss about it without engaging or responding to anything I am  actually saying or answering any my questions.

Taking my post and reply away from this sort of energy because I came here to have discussions, not have my reply hijacked to create an imaginary platform  for you to martyr yourself on.

Frankly your xenophobic remarks about China elsewhere in this thread, merit no further interest from me in engaging with you any further.
Plenty of other economies out there exporting in masse products that choose quantity over quality to maximize cost, it just one segment of their economy like it is and has been for many other countries. Why are you using the Chinese as a "bogeyman"/"punching bag" in once place and then accusing other of using  Luddites as a scapegoat's/bogeymen, when the Luddites in the context of the text were in clear reference (for most readers) to a specific bygone 19th century English  workers movement, and not Neo Luddite( whom were never mentioned)?
Please don't bother answering Mid, this is a rhetorical question.

Any explanation after the fact,  is just an attempt to make yourself not look like a bigot, and I have heard enough to reach my own conclusion that you are the type who prolly values some people labors over others because of who they are or where they are from.

From my POV you seem like the most selfish one in the room, attempting to morally gatekeep what's good labor and automation, with no any actual explanation as to why it is good.

There is so many layers of automation between your post/content and anyone ever seeing it, from the back end of the internet to your actual hardware, there is a huge range of labor/automation involved that is very nuanced, and at first glance should stand in stark contrast to to any shallow argument you haven't even bothered to make.

It looks like you are only siding with what benefits you and your hobbies, with out explaining how this "ism" you are clinging too actually should apply to the nuances of the subject at hand.

When the nuances are brought up, you ignore it entirely. 

Honestly, "A luddite walks into an online indie game forum" sounds the setup to a very lame and obvious joke because its so full of inherent contradictions.

And despite whatever opinions you have about dictionaries, maybe you should become more familiar with them.

For example, where I am from "mid" is a reference to someone or something that is of profound mediocrity, and regardless of what you want to feel about, you don't control what others think. Here is a modern dictionary that echoes that common understanding of the word.

Is this why you are not fond of dictionaries and "who" writes them?
(1 edit)

10/10 might be mid
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The AI  systems getting heat are not the kind that break down the concepts to their essence. But of course all AI get heat  for various reasons.

Some retain copies of copyrighted material in their database. Not only the "learned knowledge of seeing the material". This goes so far that you have to tell the machine that stuff like signatures and watermarks have to be left out in the created images. Because those will turn up. The machine did not really learn how to paint, it learned that paintings ought to have those little markings. Same with the hands and arms. It does not know that humans have  2 arms and 2 legs.   So it just puts those around a torso. It was trained with pictures showing multiple humans and cannot differentiate that those third arm was from another person. It does not have internal rigging of how stuff would work.

About banning and filtering, I realized there is a similar situation with photo creation. Especially for magazines. They are not real. They are so heavily edited in photoshop that they could just as well have taken a simple AI recreation of that person and edited that. But do they have fine print, that these photos are not made with a camera but are 90% computer editing, including stuff like editing the body shape of the celebrities? And even with cameras, the persons usually wear heavy make up, faking it in real life as well.

An AI can create real life images, discussion about that does not even apply for those game assets. Putting emphasis on the aritifical aspect. Celebrities are  a    popular target for putting them in various faked situations. Now this can be done with current non-ai tech just as well. AI just makes it somewhat easier (except the thing with the three arms and such ;-)

(2 edits) (+1)

ALL currently popular AI image and text generators are based on stolen work. Until that is no longer the case, and there's no indication this will change until (inevitable) lawsuits and heavy regulation, all so-called 'AI-art' should be banned on creative platforms. It's not even creative work, it's no work at all. When you type a prompt into Stable Diffusion, Midjourney or Chat GPT you're not creating anything, you're doing a pattern search. The result is not yours any more than if you had done a Google image search. It's a derivative composite of other people's work used without permission and you definitely cannot use it for commercial work.

Now, it's a little complicated because there are smaller scale AI-based or AI-adjacent tools (depending on definitions) that have long been used in various small ways in game development to assist or augment creative work rather than replace it. Things like procedural generation, content-aware fill in Photoshop, photogrammetry, etc... but the key difference is those were built ethically on licensed material or one's own work. Those are fine, mass automated plagiarism is not.

For those reaching for the tired "fair use" argument, AI scraping 100% does NOT fall under fair use because any commercial use of this tech fails point 4 of the rules of fair use which says that you cannot impact the value and market of the original author with derivative works. Not to mention, fair use is only an American legal concept and this defense certainly would not fly anywhere else in the world even if the US were lax enough to allow it (which they won't).

In conclusion: if you want art in your game hire an artist OR learn some basic art skills and choose an achievable simple but effective art style. There is NO field more open and democratic than art, literally anyone can pick up a pencil (or free software) and start learning.

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If you want to argue against AI you should use better arguments.

It starts by not applying the word stealing wrong. If I steal from you, you no longer have the thing I stole. What you really mean is, used without consent.

And it is debateable, if consent is necessary in all cases. Furthermore, as soon as you have an AI that does not retain the stuff in its database, your argument is invalid.

This is because putting your stuff out there will "train" humans as well. They could imitate your style and the determination if they "stole" your work, is not by method but by result. And this is currently true for AI generated work as well. I can not use AI to plagiarize your work and get away with it, just because I used AI.

But I can very well use a human trained or programmed machine that will replace your job in about any other context and no one bats an eye. (Ok, they would, but not about the method, only about the result.) 

My point is, if you fixate on such details about AI, your arguments will not hold true for more advanced AI. So better start now with having future proof arguments.

Oh, and it is creative work. Do not underestimate the work needed, to create good looking AI art.  It is lots faster and needs different skills to make it, but it is still a human doing that work.  Just like you still have a human operating those factory robots.

That thing with the derivative work, where is the line? There obviously has to be one, since there is a smallest unit, like a pixel and even with concepts, like mysterious smiling woman with crossed hands. If I rearrange parts of an orginal work to create a new work, when does it stop to be derivative? When is it considred a new work? Especially if I use more than one original works and blend them as inspiration for my new work. If a human could do it legally  , forbidding the use of machines to do it, is very hard. And you could even start from scratch, because this type of visual art tries to imitate nature. Like painting a portrait or a landscape. So is art actually derivative of nature? Where is the original originality? Is it turtles all the way down? One artist copying from others till you get to nature? 

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Please. Software piracy is also widely considered stealing even when no physical object is removed. If you're going to posture about "better arguments" you should consider not wasting time with pointless semantics.

Prompting generated 'art' is NOT creative; you are just doing a pattern search which contains ZERO expression on your part, again akin to googling images and picking one of the results, then claiming it's 'your work'. And no, typing search keywords is NOT expressive. Also no, a little 'in-painting' to re-roll your search doesn't change that either.

Only someone who doesn't understand anything about creativity would compare machine pattern extraction with humans learning from and being influenced by other art. They're not even remotely similar. People talking like these glorified search engines are one step away from "advanced AI" are fully delusional.

Any responsible lawyer will tell you commercial use of derivative AI generated images based on copyrighted work that you do not have license to use is copyright infringement. For this same reason, Valve recently announced they are not accepting game submissions that contain AI-generated material for which the developers cannot demonstrate they have full rights to use 100% of the material involved, which if you're relying on any of the popular image generators you cannot because they're ALL built on stolen work, which you have no rights to whatsoever. The only legally acceptable way to use generative AI commercially is if you train it from scratch exclusively on data you have the rights to use, so either your own work, or properly licensed or public domain material.

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I would not go over semantics in this discussion, stealing is fine if you look at it this way. I am not sure if it applies, but courts will decide that. 

All that said this will not change anything at all, even if the courts decide midjourney can not use public available images without consent (unlike in japan), all that happens is that a company with way more money way bigger (google, microsoft...) will buy rights to enough images to just train their model (in addition to cc0 art). At which point we are right back where we are right now. I honestly have a different view then you (stealing vs not stealing), but in the grant scheme of things it just does not matter. These generators are here, maybe its not midjourney, maybe it will be open ai with microsoft money who trainst their next dalle with just images where they have the right to. It will come and it wont be stopped, maybe slowed down a little.

When it comes to creativity, I always smile when people bring these arguments. Because what is creative the skill of being able to draw or deciding on what to draw? Or is the skill to translate the language into a picture?If it is the skill of drawing a printer is creative if it is deciding what to draw the user of an AI image generator is creative. If it is the translation of language into a picture it would be the AI generator itself. But once again I am not sure whats the point of the discussion, I think there will always be a place for human drawings, just way more niche then it will be and there will be alot of uses for AI art as well. I also dont think the the skills are the same or if we need to discuss about whats creative and whats not.  I think the hostility against AI art usually has nothing to do with any of the things I mentioned above, it is because people love that they can paint for money and they dont want to lose the opporturnity and I completly understand and feel with you. The sad truth is that automation doesnt care about if people like the job or not and we have to somehow deal with that.

For me I am using art from asset packs right now for my game, it certainly does not make a difference if I am using AI art and pay a small tech startup or I am paying a small art company providing these art assets. It is just different people getting payed, maybe you dont like the company I am paying, but who says that the art company is any better?

So my question to you is, if I would use AI that only used cc0 images or images where it has the rights to do it, would it really make a differnce for you. (Like let's say adobe firefly)

And bonus question do you also feel the same way about my game if I continue to use premade assets?


(+1)

Very good points. You are better with words than I am. I see similar issues as you, but expressed them differently.

The pure skill aspect is very visible with a street painter that makes caricatures in a few minutes. I believe there are photo filters on phones that do similar.

And the non skill expression aspect is very visible with a toddler happily fingerpainting. 

There is a little simile with the work of canvas painters and photographers. A photographer need not know how to paint. But what he creates is a picture. So is it art? It is not even artificial (before the rise of photoshop). With the skill definition it is of course art. You need to know what you are doing, or your photos do look boring or even mechanicaly bad, like unfocused.  But you did not create what is seen in the picture. You only chose what of the hundreds of snapshots you took will be released.

So in a way, what an AI operator does has similarities with what a photographer does. And tickling out good AI images also takes skill. If you take photos of humans you even need to give them directions. So my best guess would be, that the best AI operators would currently be good photographers that grasp the language they need to instruct the AI.

(+2)
Software piracy is also widely considered stealing

Wich does not make it any true. Even piracy is the wrong word. But it was used so long so wrong, that it now has that meaning. If you use such incorrect terms you run risk of  belittling the issue. People do not take it serious. Like, this is killing me. But you actually can steal software, and databases, source code and so on. Calling the unauthorized use or copies also stealing is not helping.

which contains ZERO expression on your part, again akin to googling images and picking one of the results

This is not true. It is more like being a lector.  You give your unpaid moneys typewriters and  guidelines and then sift through the garbage and refine what you seek. 

Only someone who doesn't understand anything about creativity would compare machine pattern extraction with humans learning from and being influenced by other art. They're not even remotely similar. People talking like these glorified search engines are one step away from "advanced AI" are fully delusional.

You do realize, that the best pattern recognition apparatus known to man is the human brain? This is what our brain is all about. Patterns. We are good at that. And this is exactly how we learn! Repetition of patterns. We internalize the concepts and know how things are supposed to look. A reason why zombies and clowns are frightening (it is called the   uncanny  valley). They violate the known pattern.

Did you ever try using one of these AI? I did.  And I do not see happening what you rant about. And ranting it is, complete with ad hominems. I repeat: you need better arguments. Going emotional and insulting people is not good arguing.

You also seem to try to elevate  what human artists do somehow. It is a  skill and what you call creativity is not some mystical emergence of being human. It is your brain creating associations by comparing stuff it knows and linking it in new ways, with limitations of applied mechanical skill.  Art is not a synonym for creativity. It is a synonym for superior skill and prowess.  While you do create something,  a creative expression is not needed for art. Nor is something that "was expressed" art.   

I get why people get so emotional about those AI stuff. It chips away at what they think makes us humans human. Not only some mere manual labor. But what I see, much of what people call art is just that. Manual labor.  And other stuff was just expressed, but would not qualify as art, if no one told you.

Any responsible lawyer will tell you commercial use of derivative AI generated images based on copyrighted work that you do not have license to use is copyright infringement

A responsible lawyer would tell you that the issue is not resolved and you should be careful to release such stuff, until the garbage law that exists has been tested in courts. If it were so clear, there would not even be a debate. And what you failed to say, that the reason valve does discourage it at the moment is precisly because it is not so clear. You tried to tell it like valve discourages is, because it is clear and forbidden. Did you even read the article you tried to argue with?

I am not saying  I am pro AI or whatever corner you try to paint me in, with your qualifier veiled insults. I am only saying you need better arguments. Because current issues might be resolved and what then?  Argue against machines taking  our jobs? Go full on Dune with the Butlerian Jihad against the thinking machines? And for the generative AI stuff as you call it, what about AI that indeed were trained with public domain and licensed training materials? How do you argue against them?

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Again with the pointless distractions that have no bearing on the topic at hand.

Spoken like someone who doesn't have the first clue what creativity is. What you're describing is giving instructions for *someone else* to create something. They are doing the creative work in this scenario (to the extent that AI output can be called 'creative'), not you. You are a client commissioning an image, nothing more.

I am well aware of what the article says. Valve is being cautious because they would be legally liable if they didn't, and they make a point of never having opinions about anything, but there is no ambiguity.

In fact these things ARE already covered by existing laws and the only reason we're having this conversation is that asshole tech bros without principles continually break the law and then hope they can get away with it by buying politicians AFTER they've already broken it (see the entire history of Silicon Valley).

"a creative expression is not needed for art" LOL

This conversation is not worth continuing.

(+2)
"a creative expression is not needed for art" LOL

You fail to argue against that statement. Laughing and belittling is not arguing. 

Look at a caricature painter on street. Is he expressing his feelings when doing a caricature of you in a few minutes? Or is he working and applying his skill? Is his painting  art or is it not?

What do you think about the artistic work of a photographer? Is it art, when he waits for the perfect moment to take a picture of a sunset?  Was it creative expression?  What did he create exactly and how?  He just took a picture!  He only decided what picture to take. Or he made hundreds and thousands of pictures and selected  a few.  Sometimes he arranged things and selects influences like lighting. Or directs people how to pose for the camera.   Yet people make art books from such photos, call it art and I do not know of any discussion that people do not consider it art.  

What does an AI operator do?   He arranges things, influences the composition of the image and selects the good ones. If what a photographer does is art,  what an AI operator does is art too. On a technical level, what the AI does is not art, but that is like saying the camera does not do art. Of course not. They are things.

Oh, and I believe a photographer also has copyright for his creations, even if he does not own the sun and the landscape. That AI creations have apparantly no copyright is on thin ice, because there is still humans involved.

So will itch take a stand against this? As has already been said, the issue isn't the technology itself but rather that specific tools--notably those made by OpenAI, Midjourney, and Stability AI--acquired their training data by scraping the internet without a care whether that data is copyrighted or not, the authors of those works willing or not. So it seems to me that it should be straightforward that games making use specific tools be stigmatized and banned. Is it necessary to wait for a legal decision when the ethics are clear?

(+3)

Yes, it is necessary to wait for legal stuff. Banning things for "ethical" reasons is a sure way of opening a can of worms to arbitrarily ban stuff for vague reasons.

And when I look at some fan games, how ethical is it to make a game about some one elses ip? How ethical is it to put share to itch to zero? How ethical is it to put drm into your game?

To me, using an AI is not unethical. It depends what you do with it.   Claiming you created the assets  by other means    would be unethical. While some do belittle it, but using an AI is still work. And when compared to someone taking photos, there is a similarity. They did not paint the picture, they just chose where to point the camera and what   pictures to use and maybe arranged the setup. So if I were to go to a ren fair and took pictures of some swords and run them through a pixel filter to create assets, how ist that any better or worse than using an AI?  There is still editing and chosing what picture to use. Photographers even have copyright about their pictures. For what?  Pressing the button themselves? This goes of course into philosophy territory a bit, but I see many similarities how far away from painting both are (taking photos and using an AI and calling both art/work) 

Copying someones work would be unethical and often illegal, but this is true for other ways like tracing and old fashioned plagiarism too.  Same for those fake celebrity pictures. It does not make it more or less unethical, if I used photoshop to show someone in prisoner clothes. Or paint them on canvas  for that matter.

The thing is, what is clear to some is clear to others as well, but with the opposite opinion. It is especially not clear enough to blanket ban all AI. You at least named specific projects. But what if I used one those things and actually did train them with stuff I have  permission or even my own art?  Would this suddenly be allowed, if there were an "AI" ban?  Or even a ban on specific tools that could be used in a different manner?

What if I used AI to have a reference and I traced that? Or heavily edited it in photoshop?

(+1)

If you were to use your camera in public to take a picture, that would generally be okay. If you were to sneak into someone's house and take a picture of whoeveris inside, that wouldn't be. Do you see the issue? This is about respecting the will of others. A blanket ban on all AI is not at all what we want, certainly not what I want, and misses the issue. Quite the opposite. I want AI tools that are respectful of artists to succeed!

Legalities aside, can we agree that using somebody's work in a way they don't consent to  in the very least goes against the spirit of that? Would you agree it is right and proper to respect the terms an artist lays forth on how they wish their work to be used?  If they say "use it for this" you would respect that.  If they say "don't use it for that" you would respect that. Wouldn't you? If they say for example "my art can be used in websites, games, non-commercial or educational projects etc, but not for training datasets of large profit-motivated corporations who are using my work in a way in a manner I don't agree with, etc" wouldn't you respect that? Regardless of whether they or right or wrong to think so.  Because they made the art and they are the ones to decide how it is used.  

Presumably, the bulk of the data that these tech companies have scraped to use as training data was on the net before generative AI technology even existed (or at least before it had been heard of) and no such wishes were conveyed one way or the other, because how could it have been. Yet OpenAI, Midjourney, and Stability AI went ahead and assumed that it was okay.  Clearly, at least some artists were NOT okay with that assumption as evidenced by the lawsuits.

I also think that "well they put it on the internet so they don't get to complain" is a douchey thing to say, and goes to explaining why the internet can't (or should I say won't) have nice things. (you didn't say those words but I've seen such comments made in other forums)

You misunderstood me there a bit.

The likening to a photographer or photoshop wizard   goes more in the direction of what an AI user actually does, giving importance that it still is a person using an advanced tool. And those activities and their results are established and not stigmatized nor banned for the tools used. 

And the discussion if and what kind of consent is necessary to use material to train an AI with, is not finished*. Especially because the discussion about AI bans and stigmas    will flame up anew, if tools emerge that indeed only were trained with training material that was ethically aquired. Also, if you ban those, you would have to ban a lot of other stuff for similar ethical reasons. It is a can of worms.    The only thing quite clear is, that it is not ok to use those tools for plagiarization and defamation and similar. But this is because of what you do, and not how you did it. It is not ok to create such works with photoshop either.

So my point is what I wrote.  It is necessary to wait for actual legal stuff and not perceived ethical reasons. Ethics are quite fuzzy and subject to change  a lot and are very, very arbitrary. For example, it is unethical in my opinion to outsource jobs into other countries and exploit work conditions there. Same for several and most tax evasion maneuvers and lots of other despicable stuff that Harvard would be proud to teach students.  Do you boycott and ban any and all companies that engage in such unethical activities? Yet here you call for ban of things for ethical reasons. I say, ethics is not enough.

But rest assured, AI games already have stigma. There are enough haters, and haters they are, that downvote such games.  And I do not believe for a second, that those haters will upvote games that used ethical AI stuff.

* My current stance would be, that if it is ok to look at a thing, it would be ok to train an AI with it, if the AI does not copy the thing, but extract the essence. Or in other words: learn. Quite like a person would learn from being "trained" by studying other peoples art. Just look at google image search. That pattern recognition system is an AI in my book. It is used more to recognize and find things, not to randomly create things, but effectifly it was trained by stuff without giving consent for AI training.

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Yes, ethics are fuzzy and the law can never perfectly represent them. That's all the more reason for platforms and individual persons to take their own stance. Legislators can be bought. Industries can be captured. Practicalities can also get in the way (such as how well a law can enforced). I'm not at all certain that artists, which are a disparate group lacking power compared to large tech companies, will see the law come down in their favor.  But I don't need them to in order to make up my own mind.

I would hope we could agree on what is one of the main tenets of legal positivism, that there is not necessarily any connection between how the law is and how it ought to be.

Why can't one boycott and ban any and all companies that engage in an activities one deems unethical? If you believe a company is behaving unethically then of course you can. You can and you should. I've been personally boycotting the entire meat and dairy industries for years.

Of course you    can boycott whomever you want. But calling others to boycott stuff by your    standards is another thing entirely. 

And to make matters worse, your test for ethicality is not the result, but the method used.

Also, there is not a way the law ought to be, there is only a way you think the law ought to be by your standards. If you convince enough people that your standards are necessary, this will be implemented, at least in the democratic jurisdictions. This is at the bottom of my view that indeed waiting for legal discussion should be done and not merely because some people are offended and call it unethical.

I have not heard good arguments yet, to be convinced.

If I understood correctly, you think it is unethical because permission was not asked in creation of the tool used, and thus, the works made with said tool should be banned.

But there is another situation, where the whole creation is based on other people's ip and permission is not asked either. All those fan games and even remakes of popular games. So if the unethicality of not asking permission is enough, all those stuff should be banned as well, should it not?

To me it is more important what you make, to call it unethical.  So unless the AI is used to plagiarize, why should I care.  

On another note,    if I use a paint brush made from animal hair to create   art for my game, would a vegan gamer want to boycott me? ;-)

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Firstly, that's correct that we have to persuade those other than ourselves of what's ethical in order to get those other than ourselves to act upon it. That's why I take part in discussions like this. If I called for banning too quickly it was because it seemed as clear as day to me that the scraping of massive amounts of copyrighted data on the internet isn't ethical, but we can talk about it more....

"If I understood correctly, you think it is unethical because permission was not asked in creation of the tool used, and thus, the works made with said tool should be banned."

Not exactly what I said but close. It is unethical because it assumes it is okay to use authored works in a way not explicitly permitted by the authors. Were there a way for artists to opt-out of having their works scraped, then there would be no issue in my mind. There would be no need to assume. Would you agree clear opt-in/opt-outs  would be preferable to the current situation?

As for fan works and creations based off of existing ip, I would say it depends on how the original author feels about it. Though it may not be legal, I would guess (but could be wrong) that most are tolerant of fan works as long as it doesn't negatively affect their profitability. I mean, if you are receiving cease and desist orders then you know you are going too far...but if someone made a fan work of one of my ips, far from upset I would be flattered as long as it was in good faith. 

Let's consider the reason why we even care about plagiarism and copyright in the first place. Tell me if you disagree, but is it not about preserving incentives? If someone can plagiarize an artist's work then the incentive to create original work dissipates. Everyone loses. That is the point of ip, isn't it?

It's why the wishes of the artists matter. Person A says "Go ahead and use my work in your training sets" I take that to mean, "My incentive to create original work won't be affected if you do that." Person B says "Don't use my work in your training sets". I take that to mean, "My incentive to create original work would be hurt if you do that." So why not listen to them? I don't understand the argument *against* considering the wishes of artists. Educate me.  There is a way to go about this that balances the interests of both sides, for the technology to proceed along without stepping hard on (literally, because scraping is indiscriminate) everyone's toes. But I'm not seeing in what you've written indication that you are concerned about preserving the incentive for artists to create, which is the reason copyright and ip exists in the first place, am I wrong?

(+1)

Copyright was not a concept hundreds of years ago. And thousands of years ago people even made use of known names to publish their own work or teachers published their pupils work with their name. This is seen in old bible texts and philosophical greek works till the  great canvas portrait painters.

Only the printing press made copying  an issue. If a painter painted, the painting was the work, the creation. Not the  act of creating the idea of the painting.

Later with audio recording, a similar issue came to be. Singing in a tin can is still singing and people were paid to sing, not for the idea of what they sang, or the memory of it.

In English all this is quite obvious in the word "copy" as a noun. You call stuff you bought a copy. Get your copy now.

The reason copyright exists is not to pay the creators better, but to monopolize the coping stuff. It protects one book press from another book press printing the same thing. There was even discussion in music a hundred years ago, if musicians should be paid, after all, they did not make the recording, they just made music. Oh and artists in general are not paid, just becaue they create things and have copyright on those things. You need a commission and that turns the precious art into mere work. Like a street caricaturist, an old fashioned portait painter or a newer portrait photographer. Creating stuff and hoping people will buy it or buy the copyright, nah. You need to be famous for that. I do not see this incentive you described. You are not wrong, either, but I think that  while for some artists it might be a feel good thing intheory, it is not a driving incentive for them to create art.  Doing art for a living was always hard. And modern self publishing put a lot of "artists" out there, that never ever would have  been published. 

Now, is all those things applicable for AI training? One could argue that it is transforming your idea into a new medium. Like making an audio recording of a written book. Undoubtedly this new thing has its own copyright and permission has to be asked, because such action is hidden in that phrase  all rights reserved. 

But what about an audio description of a painting?    Would that qualify for a thing that needs permission and is a right you can reserve? Or simpler, what about a text description?   With a complete movie, obviously there is a point where your description is no longer a description, but a transformation into a new media.

People tried to abuse copyright to censor critiques that talked about their works. Because if you talk about things, you, well, have to talk about it. And this makes it necessary to include ideas, concepts and even excerpts from that original work.

Ideas are very hard to protect and this brings me to what actually happens in AI training.   The neural net learns what an idea looks like and connects it with words. If later prompted with words, it can recreate similar things.

You can attack this on three basic portions.

1.   The finished product. This is easiest. Plagiarizing is forbidden, if you do it with a pencil, photoshop or an AI. Does not matter. Same for those fan games. Either they fall under fair use, or not. 

2. Cheaply made products and thus competition. This is annoying, but the way of technology and outsourcing. Also has nothing to do with AI.If you lose commissions to sweat shops or to an AI, you still lose those commissions. Or, gasp, some of those basterds who put their art out for free.

3. The training method of the AI.

Even if 3 would be considered a valid and legal obvious and ethical concern, it is shortsighted, because one could and will just train new databases with ethically and legally aquired material. What then? This has happened in software several times. People just build things from scratch and put you out of business into oblivion    anyways.

I remember courts that are technological illiterate and even considered the retaining in memory of a browser viewing content as a copyright violation. So I were careful to be hasty about ethical and judical decisions about all this. It might even need completely new laws.

Anyways, one could claim that the database contains a copy of the original work, wich could be forbidden. And you  could claim that training an AI is a form of derivative work that needs approval, like having a translation into machine language or a transformation from one medium to another.

To my legal and technical understanding, there are some AI that do retain copies in their database. But this might be splitting a hair, like those browser problems.

But I currently consider the training of an AI not a derivative work. I consider it machine learning. And since you can't forbid a human to learn from viewing your art, and even create works inspired by your ideas, I need good arguments to forbid machines to do it.

An obvious one might be a paywall. Paying for a movie ticket does not entitle you to bring your camera and make a recording. But on the other hand, I could make a similar movie after seeing it.

Software is easier, because it has licenses. You can forbid commercial usage for example. Actually, one could license art, but can you license the idea of art? You can protect the copy of the actual art, but not the idea. The three wolves moon t-shirt comes to mind.

https://en.wikipedia.org/wiki/Three_Wolf_Moon

I could not reprint that image on a mug and sell it without permission. But do I need a permission to make a t-shirt with a couple wolves and a celestial body? I would say, nah, that can't be protected. Or can it? Should it?

I think the easiest legal way would be to include the permission of usage for AI training in those rights reserved. But this circes back to the point, if this permission is needed. It would be needed, if we dogmatically require it, just because.

But would it be required by current laws? I say, no. Because it would be trying to copyright ideas.

You can protect a specific thing, but in those cases that  you do be able to protect an "idea" (see patents in software and other nefarious things), it would only protect against the creation of a similar idea (a blatant plagiarism), and this would be indipendant of the method used.

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Yes, we need not only new laws, but probably new terminology. Artists sometimes refer to their works being used in machine learning as "stealing" and "theft", which of course isn't accurate, yet there is a sense that something is being infringed upon that goes against the spirit of intellectual property that they are grasping to convey, which we perhaps need new words for.

You make plenty of valid points (I certainly agree that copyright claims can be abused), but it seems like you were avoiding mine. I asked us to consider what the reason copyright exists in the first place might be. Just now I tried googling "why do we need copyright" and this is literally the first link that came up (if you read other explanations they are similar):

https://iadt.libguides.com/copyright

Why is copyright important?

"The importance of copyright is an essential component of the modern educational experience. Copyright is important as it helps to protect the value of an author/academic/researchers work, by giving the originator of the work the ability to protect it from unlicensed or uncredited usage. This leads to the prevention of their work being copied to the degree where they cannot sell it effectively or receive credit for it.  In this way, copyright fosters intellectual creativity as it provides an incentive for a creator to work freely, allowing them to gain recognition for their work as well as protecting their livelihood."

There it is. It IS about incentives. If we didn't care about preserving incentives then why would we even have copyright or ip? We wouldn't. 

I still think that in the future, a clear standard for opting in or out of having a work consumed by training models is probably going to be the best way to address the interests of all. Sure, it's not going to stop the models from getting better and better. Slow them down for a short spell maybe, but it is important that we do this the right way.

 what the reason copyright exists in the first place might be. 

I told you the reason. People wanted monopoly to print books. It is literally the right to copy. It is not called the right of being the creator and having complete control over the creation or the ideas represented in the creation. 

Consider the fairy tales  back then. No one even had a concept that it was not ok to retell a  story they heard. Quite to the contrary. So what type of copyright did the Brothers Grimm aquire when writing them up and making a book out of it?

Or do you think any scribe asked permission when copying a book? That was not a concept, till the monopolies in book printing. And giving monopolies for certain items   was common practice back in the day, 

The history and hence the reason why this exists is neatly described in the wiki article about the thing

https://en.wikipedia.org/wiki/Copyright

What you cited about the importance of copyright is an opinion piece. And it is badly worded.

The importance of copyright is an essential component of the modern educational experience.

So, the copyright is not the component, but the importance of copyright is the component. And it is only a part of the expericence, whatever is meant by experience. 

Copyright is important as it helps to protect the value of an author/academic/researchers work, by giving the originator of the work the ability to protect it from unlicensed or uncredited usage. This leads to the prevention of their work being copied to the degree where they cannot sell it effectively or receive credit for it.  

Why does it protect the value?  It resctricts copies. That can also devalue your work, because no one might bother experiencing it. This type of value protection is probably meant like the shortening of a market, but the type of works we are talking about are not a item that can be short in supply, like sculptures. Also why qualify the prevention with, to sell it effectifly. And it    works only by deterring, because practiacally, it prevents nothing, only gives means to legally retaliate.

(1) In this way, (2) copyright fosters intellectual creativity (3) as it provides an incentive for a creator to work freely, (4) allowing them to gain recognition for their work as well as protecting their livelihood."

Oh boy. What a convoluted conclusion/claim.

1 refers to the sentences before, wich I do not quite understand the flow of logic.

2 No, it does not. The creative mind does not need the knowledge that it's work is protected to be creative in the first place. You are not faced with the decision: should I be creative today or not, after all, my work would be protected by copyright. Might give it a try... 

3 What incentive would that be? Freely as in unburdened, I assume. Because freely as in free lunch is what copyright tries prevent from happening. Is this like a safe space argument? Lack thereof never prevented true artists in the past, so which artists need that kind of incentive?  It might hamper certain methods of publishing, but claiming an incentive to be creative is a bold claim. So if you are concerened with bootlegs you might not release your work in a certain country. That kind of thing.

4 Ahahahaaa. Sorry. But gaining  recognition is not what copyright helps you with. It does the opposite. Unless you have  big publisher pouring big money into advertising, no one will recognize you, just because your work is protected. And for small time self publishers, the quality of their work and the free advertising of the unauthorized distribution of parts or even the full work is what gives them recognition.

As for protection the livelihood, that is more a publisher thing. If art or writing is your livelihood and you have no employer (like a professional publisher), how would that work? You write texts and want to sell them?  To whom?   Well, maybe that opinion piece is a bit specific to the university context it was written for. If you are a researcher and someone publishes your work under their name, they might get the research funding.

Do not get me wrong. A thing like copyright is needed. Falsly attributing the creator is problematic. But I do not think, being the creator of something should give complete control , like companies are trying to do with those software patents (because they could not copyright the idea behind the code). And concepts like fair use or the control over the purchased copy in my own home are examples where copyright should end.

But I wholeheartedly disagree with the notion that copyright is an incentive to be creative.

I concede that existence or lack of copyright is an incentive to chose  certain methods of publishing. Just like those artists wanting to opt out of having their art used for ai training. It is a bit arrogant I think, to believe your art is important and good enough to set the standards of what an ai would think of concepts. On the other hand, if your art is that good, it is a bit sad, that you do not wish your art to be part of what future generations (of ai) will think how those concepts would look like. Imagine the inventor of an art style forbidding art students to imitate his style.

Video evidence that things were created by human hands will become a part of future workflows. Bespoke craft.

But then, someone will try to train NeuralNetworks on such videos.

The biggest problem I see is how human artistry will be subjected to another round of objectivism. If you want to make something with a strange surrealist aesthetic; we may see human expression being seen as less worthwhile as A.I. driven assets. Oh, there will always be some headline artists making good money — but the struggling artist will be robbed of their verisimilitude.

For anyone interested in this topic, this is a good watch! The first hour of it at least. It's by someone with some expertise in copyright law. 
One thing I learned from it is that even current law doesn't treat indiscriminate data scraping as permissible if it includes data that is private or under copyright.  The big tech companies are on shakier footing than I thought.

(+1)

Honestly I'm not sure what else I can add that's already been added.

The problem with AI Generated Assets as I would prefer to call them is a pandora's box that, much like when photoshop came out back in it's early days put a lot of digital artists in this strange position. I am against it in it's current state because unlike photoshop it's designed to gather whatever images or sound bytes it can find on the internet at large and meshes it into whatever the user wants, that's where it becomes a problem concerning plagiarism.

I've heard some arguments for it, but only few are actually reasonable and to be honest, it's not worth going into too deeply at this point (Plus as I'm writing this for  IDK how many times now don't have all my notes or prior discussions from other places on had to put it all in detail, but could potentially locate previous points I've heard of if asked when I'm not trying to force myself to remember what came up in those talks).

The way I look at it eventually people are going to tire of what Ai can do on it's own and then that will likely allow the digital artists to remain as they are without too much trouble. I'm just hoping all the legal shit gets sorted out with it and given the ongoing WGA and  SAG-ATFRA strikes happening in part of the fact that many people who are also working in those industries have issue with how it's being used when they're barely making anything from the corporations they work for. (there's an article that I wanted to post from AP news to cite this but since I can't you may have to google this to find the article) Hoepfully, that will at least motivate law makers to do something about it besides just a bunch of tech giants warning of a Ai Crisis or calling for regulation. But who knows.