[HN Gopher] Valve is not willing to publish games with AI genera...
       ___________________________________________________________________
        
       Valve is not willing to publish games with AI generated content
       anymore?
        
       Author : Wouter33
       Score  : 596 points
       Date   : 2023-06-29 16:27 UTC (6 hours ago)
        
 (HTM) web link (old.reddit.com)
 (TXT) w3m dump (old.reddit.com)
        
       | lost_tourist wrote:
       | Sounds like a market opportunity.
        
       | lyu07282 wrote:
       | This is obviously nonsense because games and artists have been
       | using AI and procedural generated content for decades, everything
       | from textures, models, maps, animation, music and sound.
       | Generative models are now even integrated in the NVIDIA drivers
       | for upscaling and every photo you take with a recent samsung
       | phone uses generative AI.
       | 
       | Just because now generative AI has made a significant leap
       | doesn't mean its anything new. And copyright is irrelevant
       | because models are clearly derivative works the same way artists
       | remix existing works of art, if that were to change, copyright
       | law would destroy the majority of all creative endeavors.
        
         | SrslyJosh wrote:
         | > games and artists have been using AI and procedural generated
         | content for decades
         | 
         | These are not the same things. Procedural generation is not the
         | same as feeding different prompts to a model until it vomits up
         | something that looks sort-of like what you want.
        
       | shadowgovt wrote:
       | Does that mean _High on Life_ is now banned? If I recall
       | correctly, they used AI on purpose to give ads and billboards a
       | nonsense alien feel.
        
         | GaggiX wrote:
         | atomic heart, high on life, hawken reborn, observation duty and
         | probably many others, but no they are not banned.
        
           | imdsm wrote:
           | Hypocrisy is alive and well
        
             | mcpackieh wrote:
             | Or maybe the developers of those games have given their
             | assurance to Valve that they own all the relevant
             | copyright, and therefore the same standard is being
             | applied?
             | 
             | > As the legal ownership of such AI-generated art is
             | unclear, we cannot ship your game while it contains these
             | AI-generated assets, _unless you can affirmatively confirm
             | that you own the rights to all of the IP used in the data
             | set that trained the AI to create the assets in your game._
        
               | whywhywhywhy wrote:
               | If they claimed that then they lied because we all know
               | those games studios didn't train their own Image gen
               | models without relying on the base SD models
        
               | mcpackieh wrote:
               | Maybe they did, maybe they didn't. But if the developer
               | is willing to sign a document saying they own the rights,
               | that's probably good enough for Valve to feel their ass
               | has been covered.
        
         | oblio wrote:
         | Did you read the article?
        
       | whywhywhywhy wrote:
       | This will change within 6 months I promise you, EA/Ubisoft/etc
       | will ALL be shipping AI generated textures in games before the
       | end of the year.
        
         | TaupeRanger wrote:
         | That's not a change from this though, as long as those AI
         | generated textures are from systems that were trained on images
         | that they have permission to use (or are copyright free).
        
           | whywhywhywhy wrote:
           | No such system exists so they won't.
           | 
           | Even Adobes system has questionable training data mixed in
        
             | TillE wrote:
             | Every major game publisher has an enormous archive of in-
             | house artwork, and probably a decent amount of hardware
             | they could use for training. They'd be stuck with open
             | source software like Stable Diffusion - or have to cut a
             | deal with Midjourney or whoever - but there's no barrier to
             | creating such a system.
        
               | nickthegreek wrote:
               | Stable Diffusion nor Midjourney can be used to create
               | artwork under these Valve guidelines.
        
         | teaearlgraycold wrote:
         | And only a matter of time until a major game lets you talk to
         | NPCs by generating dialog with an LLM.
        
           | oneeyedpigeon wrote:
           | It'll be interesting to see if a game can make good use of
           | that, but it sounds like it would lead to some very
           | frustrating interactions.
        
             | wlesieutre wrote:
             | The first versions of this won't be using it to create
             | characters with plot significance and great depth, they'll
             | be generating infinitely large piles of background
             | character chatter. No matter how big your budget is, you'll
             | never be able to to make a world full of random civilians
             | who don't sound repetitive if every line has to be recorded
             | in advance.
             | 
             | Any prerecorded line having a slight bit of personality to
             | it ("I used to be an adventurer like you, but then I took
             | an arrow to the knee") becomes very noticeable after the
             | first time you've heard it, so the safe thing to do is have
             | lots of the most inane chatter possible ("Nice weather
             | today!") to make it stand out less.
             | 
             | If the game can write new lines and synthesize voices on
             | the fly, you could have more interesting lines without the
             | repetition.
        
             | olddustytrail wrote:
             | Have you tried it? As in, prompt the LLM that it's the
             | character you want and then converse?
        
         | evandale wrote:
         | Of course it will change and Valve will even release their own
         | game that's generated with AI.
         | 
         | Governments and companies everywhere trying to lock out small
         | time people today before they get too much traction with AI
         | generated content. They know indie devs will never be able to
         | prove their model is only trained on their art. Only massive
         | companies with billions of dollars can do that right now.
         | 
         | Every big company is trying to create rules to ban AI but keep
         | a small enough loophole that they can use it when the time is
         | right.
        
       | MagicMoonlight wrote:
       | That seems pretty sensible. There have been lawsuits from artists
       | before. Do you want to risk a game selling 10m copies and then it
       | turns out that all the art was just copied and pasted by the "AI"
       | and Valve is now on the hook.
       | 
       | Also from a store perspective, any game where shortcuts like this
       | are used tend to be shit games. They don't want spam games to be
       | pumped. There's already enough indie trash platformers that
       | nobody wants.
        
         | vlunkr wrote:
         | > Also from a store perspective, any game where shortcuts like
         | this are used tend to be shit games.
         | 
         | Yeah, they indicate that they have already submitted multiple
         | games with AI generated assets, and submitted this one "with a
         | few assets that were fairly obviously AI generated." Maybe I'm
         | being unfair and they are making really good games, but these
         | are not good indicators to me.
        
           | LanceH wrote:
           | These tools have only now become available. I can imagine a
           | game where these tools are used to develop a large world and
           | backstory previously not possible. The main images and text
           | may be hand crafted, but you might walk down a street where
           | the other building are all unique, have names, and
           | descriptions. It could really flesh out some of the
           | procedurally generated games out there. Or it could be
           | terrible. Or it could be good for being so terrible. It
           | shouldn't be rejected entirely just yet.
        
             | eropple wrote:
             | It's _not_ being  "rejected entirely". That is mendacious
             | editorializing. Generative AI products are being rejected
             | _unless you affirm that you have rights to the entirety of
             | the training data set_.
             | 
             | What's wrong with that?
        
               | Animats wrote:
               | That you probably don't _need_ rights to the training set
               | in the US, unless Congress changes copyright law. This is
               | being litigated.[1]
               | 
               | Humans can look at a collection of copyrighted images and
               | draw a new picture. The legal basis for holding AIs to a
               | higher standard is weak.
               | 
               | Current litigation: [1]
               | 
               | [1]
               | https://www.theverge.com/2023/1/16/23557098/generative-
               | ai-ar...
        
               | mcpackieh wrote:
               | > That you _probably_ don 't need rights [...]
               | 
               | And if Valve doesn't want to take this risk? To reiterate
               | eropple, what's wrong with that?
        
               | eropple wrote:
               | _> That you probably don 't need rights to the training
               | set in the US_
               | 
               | Even if that is true--and it's not sure to be--Valve is
               | within their rights to demand additional coverage.
               | 
               |  _> Humans can look at a collection of copyrighted images
               | and draw a new picture. The legal basis for holding AIs
               | to a higher standard is weak._
               | 
               | Horseshit and worse words. Computers aren't people. They
               | create derivative works from pushing inputs through
               | mathematical models. The inputs are unerasable and the
               | claims to the otherwise by the AI hustler class exist
               | only to be able to profit off human effort without paying
               | for it.
        
               | Animats wrote:
               | > Valve is within their rights to demand additional
               | coverage.
               | 
               | As a near-monopoly gatekeeper, Valve is vulnerable to
               | antitrust charges.
               | 
               | FTC is apparently about to go after Amazon.[1] US
               | antitrust policy did far too little for too many years.
               | EU competition policy is more aggressive.[2] The EU
               | competition authorities already fined Valve for selling
               | geo-blocked content that only worked in some EU
               | countries. That's a violation of the basic Single Market
               | rules of the EU.
               | 
               | [1] https://arstechnica.com/tech-policy/2023/06/ftc-
               | prepares-the...
               | 
               | [2] https://competition-
               | policy.ec.europa.eu/sectors/ict/cases_en
        
         | lastangryman wrote:
         | > Also from a store perspective, any game where shortcuts like
         | this are used tend to be shit games. They don't want spam games
         | to be pumped. There's already enough indie trash platformers
         | that nobody wants.
         | 
         | I find this hard to agree with. A game engine is a "shortcut"
         | too, I can imagine people saying at some point anything
         | developed with Unity would "tend to be shit games".
         | 
         | Associating quality with visual fidelity anyway is wrong, look
         | at Terraria, I'm pretty sure anyone semi competent with AI
         | generation could produce better assets, but it wouldn't help
         | them produce a better game.
         | 
         | People will use gen AI art in good games, and people will use
         | gen AI art in terrible games.
        
         | Vermeulen wrote:
         | There are already successful Steam games known to have used AI
         | art. And this is only in the cases of the developers publicly
         | admitting that.
         | 
         | High On Life used Midjourney for it's ingame posters -
         | https://store.steampowered.com/agecheck/app/1583230/ -
         | https://www.thegamer.com/high-on-life-ai-generated-art/
         | 
         | And Firmament
         | https://store.steampowered.com/app/754890/Firmament/ -
         | https://www.pcgamer.com/firmament-ai-generated-content/
         | 
         | So is Valve now going to remove these games off the store? This
         | seems like a very terrible way to handle this - they need to
         | make clear rules and make a public statement, not just start
         | banning apps that they sense use AI art.
        
           | dragonwriter wrote:
           | No, the developers just need to "affirmatively confirm" that
           | the own the copyright on all the works in Midjourney's
           | training set, and they are good.
        
             | sebzim4500 wrote:
             | I'm sure some indie studios will sign whatever, but as soon
             | as a large studio uses an public model Steam will have to
             | roll over on this one.
        
           | eropple wrote:
           | Can you explain to me how "you must affirmatively state that
           | you own or have licensed rights to the training data (and if
           | you're lying, the legal responsibility is yours and not
           | Valve's)" is not a clear rule?
           | 
           | And yeah, they should kick those games off for using
           | copyrighted materials that they do not own.
        
             | Vermeulen wrote:
             | This is a rule developers are just finding out now from a
             | game getting rejected. Pretty major deal if multi-million
             | dollar budget games like High On Life should now be banned
             | (even worse if they don't ban it now, making the rules
             | unclear). It should have been a public statement, with a
             | clear change to their developer terms.
        
         | mock-possum wrote:
         | AI doesn't copy and paste art though, it generates new art
         | based off of patterns it's seen in its training material. If
         | it's training material heavily features red squares, and you
         | prompt it to generate a new piece, chances are you'll get
         | something with a red square - not because it copied that red
         | square from any particular piece, but because it was a common
         | element. There's a difference between reproducing common
         | elements in pursuit of adhering to a style, and copying and
         | pasting.
        
           | mehlmao wrote:
           | https://arxiv.org/pdf/2301.13188.pdf
           | 
           | Stable Diffusion spits out slightly blurrier versions of the
           | pictures in its training set.
        
             | oceanofsolaris wrote:
             | But that's not the default behaviour of these models at
             | all. Instead you have to work pretty hard to extract these
             | original images.
             | 
             | When using the models normally, they do generate new
             | content, even if the style and subjects are of course
             | interpolated from training data.
        
       | Zetobal wrote:
       | Without seeing the art there is nothing to judge. I bet it's a
       | visual story and they are using characters from established ips.
        
         | Sivart13 wrote:
         | 100%, my guess this is someone putting Disney or Nintendo
         | characters in compromising situations and Valve would have
         | rejected it AI or not
        
       | brucethemoose2 wrote:
       | Well what if someone ships a model exclusively trained on legal
       | content?
        
         | eropple wrote:
         | Then you tell Valve that and they say "OK"?
        
           | brucethemoose2 wrote:
           | Would they though?
           | 
           | I think the legality of the dataset would be hard to prove.
           | And I can see some game devs straight up lying, shipping SD
           | 1.5/Llama, and dragging Valve into court when one of them
           | explodes in popularity.
        
             | eropple wrote:
             | _> I think the legality of the dataset would be hard to
             | prove._
             | 
             | Could be. I hope it is. It's a reason not to use it!
        
       | jasonlotito wrote:
       | Of note: they aren't banning AI generated graphics. Rather:
       | 
       | > we are declining to distribute your game since it's unclear if
       | the underlying AI tech used to create the assets has sufficient
       | rights to the training data.
       | 
       | It's not AI generate graphics. Instead, it's AI-generated
       | graphics where the rights to the training data cannot be
       | established. I think that's an important distinction.
        
       | smoldesu wrote:
       | > At this time, we are declining to distribute your game since
       | it's unclear if the underlying AI tech used to create the assets
       | has sufficient rights to the training data.
       | 
       | This seems like a completely fair response from Valve. On top of
       | that, they gave them notice and an opportunity to remove the
       | offending content (with that content explicitly called out) and
       | offered to refund if that was not a viable option.
       | 
       | If this was an iOS/Android app, they would have just been told to
       | pound sand and swallow the dev fee. Good on Valve for not lapsing
       | communication here.
        
         | A4ET8a8uTh0 wrote:
         | Organic only content -- here we come.
         | 
         | Not that it bothers me, but I feel oddly validated that appears
         | to be the path taken. It makes sense, even from just purely 'we
         | can't review it all' perspective.
        
           | smoldesu wrote:
           | Well, it's not like they're The App Store and controlling
           | everything you can install. You can still put AI-assisted
           | software on any machine that can install Steam, they just
           | don't want to deal with the legal implications of hosting the
           | dubiously-generated content themselves.
        
           | colechristensen wrote:
           | I think it's fine.
           | 
           | You have to have rights to do AI things with the content of
           | your datasets. No more "download the whole internet" or
           | "create image generation models from the scraped contents of
           | a stock image provider".
           | 
           | I think it's going to turn into a new class of copyright
           | permissions.
           | 
           | Along the lines of
           | 
           | > thou shalt not make a machine in the likeness of a human
           | mind
           | 
           | More like
           | 
           | > License is hereby given for the consumption of these
           | contents by human minds
        
         | slimsag wrote:
         | It sounds like they even looked into the specific AI the
         | gamedev said they used:
         | 
         | > we reviewed [Game Name Here] and took our time to better
         | understand the AI tech used to create it.
         | 
         | And offered a refund on the $100 app submission credit:
         | 
         | > App credits are usually non-refundable, but we'd like to make
         | an exception here and offer you a refund. Please confirm and
         | we'll proceed.
         | 
         | Seems incredibly reasonable.
        
       | stuckinhell wrote:
       | This just shows me the future is people using AI tools to make
       | their own games custom for them.
        
       | lobo_tuerto wrote:
       | Actual title is:
       | 
       | "Valve is not willing to publish games with AI generated content
       | anymore"
        
       | GreedClarifies wrote:
       | I guess we need clarity on whether using copyrighted material is
       | covered under fair use.
       | 
       | GenAI clearly meets the "transformative" standard.
       | 
       | OTOH it seems likely that it will have difficulty with the
       | "Amount and substantiality" as it considers the whole art work,
       | OTOH this is not necessarily a hard barrier given the
       | "transformative" nature.
       | 
       | My guess is that the "Effect upon work's value" standard vs. the
       | "transformative" standard will be the area where there is most
       | action. Clearly, in aggregate, GenAI will have great impact upon
       | works value. However, this is not the usual standard (it is about
       | individual works), and I would argue that this would be creating
       | new law by the courts.
       | 
       | Hopefully we will get a case to the supreme court to resolve
       | this, quickly. I think that this is a boon for humanity and I
       | would like to see the cuffs taken off as quickly as possible.
        
         | janosdebugs wrote:
         | > GenAI clearly meets the "transformative" standard.
         | 
         | IANAL, but the problem is that fair use is an affirmative
         | defense and is decided for each case separately. One GenAI may
         | be transformative, while others may not, depending on how much
         | of the original training data they throw back at you.
        
       | pierat wrote:
       | By that definition, any roguelike should be banned. And, well,
       | we're not seeing that.
       | 
       | I'll watch, but I disbelieve the reddit poster. Probably a CEO
       | bot drumming up obvious bait comments over current computer
       | events.
        
       | theknocker wrote:
       | [dead]
        
       | kevinh wrote:
       | I'd wait for more information before making any assumptions about
       | what Valve is doing here. So often these stories here are lacking
       | context due to only one side trying to paint the situation in a
       | very one-sided light.
        
         | Wouter33 wrote:
         | Valve is quite clear about their reasoning. Since AI models use
         | all kind of sources for their training, they don't want those
         | assets on their platform because they are afraid of copyright
         | claims.
        
           | peoplearepeople wrote:
           | That seems very sensible to me, I hope other platforms follow
           | this example
        
           | kevinh wrote:
           | For all we know, the game in question had images clearly
           | aping some licensed characters. We don't know how stringent
           | the policies are without clarification or examples of art
           | found infringing. How did Valve know that the art was AI-
           | generated? Did the developer tell them or include it in their
           | marketing materials? It's basically just reading tea leaves
           | without that information.
        
           | yomlica8 wrote:
           | It actually sounds like if you claim to have ownership of the
           | training data you can still use AI generated assets. For most
           | people this is a distinction without a difference however.
        
         | NelsonMinar wrote:
         | Agreed. The link here here is to a Reddit post from an
         | relatively unknown person claiming to be quoting a private
         | email from Valve. Kotaku has a bit more reporting, including a
         | second report from a developer on Reddit. Also some comments on
         | skepticism. https://kotaku.com/valve-ai-art-generator-steam-
         | crypto-ban-m...
         | 
         | I'm pretty sure if this is Valve policy they'll have no trouble
         | saying so publicly. I miss the old days of journalism where
         | someone made an effort to get the story correct including
         | responses from the named parties.
        
           | bun_at_work wrote:
           | To be fair there are still examples of quality journalism,
           | it's just that the internet doesn't care as much for that
           | content, as it doesn't generate the outrage present in this
           | thread. Unfortunately the incentives are aligned with ad
           | revenue instead of accuracy.
        
           | xk_id wrote:
           | Kotaku have proven themselves to be a garbage tabloid in
           | their reporting of NFTs. I would never bother to read
           | anything they had to post.
        
       | minimaxir wrote:
       | This just creates a moral hazard to not disclose the use of any
       | AI-generated assets, which is something other creative industries
       | have already learnt the hard way.
       | 
       | Recent text-to-image models have improved enough such that it's
       | possible to get realistic, not-Midjourney-dreaminess in the
       | generations with a modicium of effort, so banning obviously-AI-
       | generated images is shortsighted and unsustainable.
        
         | OscarTheGrinch wrote:
         | Also just creates an incentive to just lie about what AI model
         | / training data you used , how could anyone possibly prove your
         | deception?
         | 
         | What would an satisfy an audit trail that no tainted AI data
         | have made it into a digital image? It would involve a chain of
         | attribution per fraction of a pixel through all it's past
         | iterations.
        
           | minimaxir wrote:
           | > It would involve a chain of attribution per fraction of a
           | pixel through all it's past iterations.
           | 
           | Which wouldn't be sufficient since, as stated many times
           | before, the diffusion process most text-to-image AIs use is
           | not collaging.
        
           | meheleventyone wrote:
           | Valve isn't worried about you lying they just want your
           | attestation so if someone tries to sue them they can redirect
           | them to you and if they think it's worthwhile sue you
           | themselves for lying and breaching the contract. In the same
           | way they want you to attest to owning rights to all the IP in
           | the products you put on their platform. It's just IP
           | ownership around AI content is murky right now so gets
           | treated as a special case.
        
         | pavon wrote:
         | That strategy didn't work well for the submitter. Steam is
         | rather stingy in allowing resubmissions, so the better strategy
         | is to make your best effort to comply with the terms on the
         | first try.
        
         | BlueTemplar wrote:
         | Shortsighted, unsustainable... but still the best thing for the
         | company to do meanwhile in a very uncertain situation ?
        
         | bob1029 wrote:
         | > This just creates a moral hazard to not disclose the use of
         | any AI-generated assets
         | 
         | The whole space is somewhat amusing to me. what is the bigger
         | moral hazard: Openly disclosing everything about your content
         | pipeline and getting your team's efforts shitcanned, or keeping
         | everything private unless a court order shows up?
        
           | namaria wrote:
           | No one is being protected from consequences of risky
           | behavior. Moral hazard doesn't apply.
        
           | ethbr0 wrote:
           | So, the OpenAI model?
        
             | candiddevmike wrote:
             | And GitHub Copilot
        
               | Kiro wrote:
               | That's OpenAI.
        
             | mr_coleman wrote:
             | I prefer to think of it as the Uber/AirBnB model. Just do
             | illegal things so much that you clog the enforcement
             | mechanisms. Then it becomes such an unreasonable burden
             | that they change the laws in your favor.
        
             | minimaxir wrote:
             | It has been widely speculated that the primary reason
             | OpenAI never disclosed the full training dataset for GPT-3
             | or GPT-4 was to avoid potential legal backlash.
        
         | hot_gril wrote:
         | > This just creates a moral hazard to not disclose the use of
         | any AI-generated assets, which is something other creative
         | industries have already learnt the hard way.
         | 
         | This has been the legal street smarts for a while and doesn't
         | seem like a big development to me. As usual, you don't admit or
         | allude to anything. It's like when I'd write code and say no
         | I've never even visited StackOverflow.
        
       | moogly wrote:
       | How about Firmament?
        
       | justinclift wrote:
       | Wonder if using (Japanese) anime based AI assets would be
       | workable instead, as the licensing situation there sounds a bit
       | clearer?
       | 
       | aka "copyright doesn't apply":
       | 
       | https://cacm.acm.org/news/273479-japan-goes-all-in-copyright...
        
       | dleslie wrote:
       | The models which can prove the progeny, and valid licensing, of
       | their source assets will become increasingly valuable with time.
       | 
       | This gives social networks an edge, which often have EULAs that
       | allow the business to use uploaded content _at least_ internally,
       | if not commercially.
       | 
       | _And_, in the short term, there's an opportunity for someone to
       | pay armies of artists to create _decent renditions_ of existing
       | styles and known works. It's not a copyright violation if a human
       | being mimics another human being in creating a new, original
       | work.
        
       | snowman647 wrote:
       | That's the wrong path, soon Internet for 90%++ will be mixed with
       | AI. Btw - What if I write my game using Chat-GPT?
        
         | dragonwriter wrote:
         | As long as you just use it for generating the code and not the
         | assets, Valve doesn't seem to care.
        
         | [deleted]
        
         | janosdebugs wrote:
         | I recently tried to use it to learn the Blender API, without
         | much success. It halucinates left right and center, so I had to
         | go back to reading the docs, trial and error, as well as
         | reverse engineering. I'd be honestly surprised if you could use
         | it to create an entire game.
        
       | justrealist wrote:
       | This seems utterly impossible to enforce. You really going to
       | guarantee that your design firm didn't use AI to generate the
       | assets?
        
         | Nursie wrote:
         | So you're in breach of contract and if it turns out later that
         | you don't own the copyright for what you're distributing, valve
         | get to plant that firmly on you.
        
         | jasonlotito wrote:
         | It doesn't need to be 100%. It just needs to be a reasonable
         | attempt. We all too often let perfect be the enemy of good.
         | Impossible to enforce? That's not true. They did so right here.
         | 
         | Yes, people will work around it, and some will slip through the
         | cracks. That doesn't mean it's a useless policy with no impact.
        
         | Eji1700 wrote:
         | It's a CYA thing.
         | 
         | Steam says "we don't allow AI content".
         | 
         | Someone shoves AI content on the platform anyways.
         | 
         | If it can be proved they violated the TOS, they then have the
         | ability to nuke their game and stop someone from suing them. If
         | they can't prove it, well they can't prove it and the game
         | stays.
         | 
         | To do otherwise opens up the door to steam having to "vet" all
         | the AI content. So yes AI content will slip through (in massive
         | droves) but it will be indy scene.
         | 
         | The biggest impact here is going to be AAA devs who can't just
         | neglect to mention they used AI at some point. This is actually
         | the first thing that could "kill" steam or give Epic a
         | competitive advantage. There's 0 doubt that companies like
         | EA/Activision/whatever want to jump all over AI to make yearly
         | releases like FIFA even cheaper, and if Epic is willing to say
         | "come on over" we might see epic exclusivity for that reason
         | alone, rather than the current "here's a pile of money to make
         | up for all the sales you'll miss out on when no one remembers
         | your game released"
        
           | freedomben wrote:
           | If Steam (or probably more likely Steam's lawyers) is/are
           | worried about liability, shouldn't Epic be also? The lawsuits
           | are firing up, I wouldn't want to be the whipping boy chosen
           | by the copyright holders to punish.
        
             | Eji1700 wrote:
             | I would assume so, but I'm faaaar from an expert.
             | 
             | My amateur opinion is there's too much money to be made for
             | this to be stopped forever (we SHOULD rework copyright but
             | we'll probably just make some dumb rule when disney decides
             | how they want to handle it), so epic might just say "the
             | courts will side with us eventually and the benefits are
             | waaay too high to ignore"
        
         | Verdex wrote:
         | I don't think it's really about enforcement. It's more about
         | liability.
         | 
         | Valve has an official position that they don't allow AI content
         | (apparently). When the lawsuits show up they can say that they
         | don't serve any AI content as official policy. When someone
         | points out the AI content that they do serve, then they pull
         | out their expert witness that testifies that their AI detection
         | method is as good as possible and they couldn't haven been
         | expected to do any better. Meanwhile, they're more than happy
         | to remove anything explicitly flagged that falls through the
         | cracks.
         | 
         | Finally, I suspect that anyone who can prove that they're able
         | and willing to indemnify Valve against lawsuits for AI content
         | that their game contains will be allowed to have AI content.
        
           | mcpackieh wrote:
           | > _Finally, I suspect that anyone who can prove that they 're
           | able and willing to indemnify Valve against lawsuits for AI
           | content that their game contains will be allowed to have AI
           | content._
           | 
           | Yes, they're quoted as saying that AI generated assets are
           | permitted if the developer can "affirmatively confirm" they
           | own all the IP in the training set. seems reasonable to me.
        
             | Verdex wrote:
             | Yeah, I saw that quoted part, although, I suspect that if I
             | show up with a bunch of AI assets that I can prove are 100%
             | mine, then the reviewer is likely to error on the side of
             | Valve not being sued.
             | 
             | Meanwhile, AAA blockbuster studio will almost definitely be
             | given a pass with a wink and a handshake after saying, "Hey
             | if anyone figures it out, we'll take the blame." For using
             | assets that throw up multiple red flags.
        
       | kemayo wrote:
       | > After reviewing, we have identified intellectual property in
       | [Game Name Here] which appears to belongs to one or more third
       | parties. In particular, [Game Name Here] contains art assets
       | generated by artificial intelligence that appears to be relying
       | on copyrighted material owned by third parties. As the legal
       | ownership of such AI-generated art is unclear, we cannot ship
       | your game while it contains these AI-generated assets, unless you
       | can affirmatively confirm that you own the rights to all of the
       | IP used in the data set that trained the AI to create the assets
       | in your game.
       | 
       | Valve's worried that AI-generated art is in a murky copyright
       | state, and don't want to open themselves up to being sued.
        
         | XCSme wrote:
         | Well, that was the entire point of banning AI generated
         | content, right? Or, are you implying that the article states
         | different reasons for the ban?
        
           | nickelcitymario wrote:
           | I may be wrong, but I believe they were just intending to
           | summarize.
        
           | freedomben wrote:
           | > _that was the entire point of banning AI generated content,
           | right?_
           | 
           | But AI generated content is _NOT_ banned. You just have to
           | prove you have the copyright (or permission) for the training
           | data.
        
             | mrweasel wrote:
             | Which honestly sounds rather reasonable and should be the
             | expectation of all current AI products.
             | 
             | The only reason it wouldn't be easy enough to provide is if
             | you just scraped any available data set with a complete
             | disregard for intellectual property.
        
               | Matticus_Rex wrote:
               | Humans take in inputs and transform what they learn into
               | distinct outputs. Training data is essentially just a
               | machine doing the same thing. Knowingly scraping pirated
               | material would be one thing, but essentially having the
               | machine view publicly-available material is not clearly
               | at odds with existing IP law.
        
               | mrweasel wrote:
               | And if your output isn't distinct enough from the inputs,
               | you too aren't allowed to claim copyright or sell your
               | work without proper licensing.
               | 
               | With the AI we can at least be 100% certain of which
               | input you trained it on and under which licens, making
               | the whole a lot easier to deal with, as compared to
               | humans. The liability is the same, but it's much easier
               | to avoid legal implications, so why not play ball and
               | ensure that you have the correct licenses?
        
               | Matticus_Rex wrote:
               | Have _what_ correct licenses?
               | 
               | It's not clear that you need _any_ license to train on
               | data in the vast majority of cases. Having a license to
               | train on it won 't guarantee that you can grant your
               | users a license to any particular output, especially
               | given the addition of user input. And most of the utility
               | is in creating outputs that are indeed distinct.
               | 
               | So the answer to "why not play ball?" is: 1. It's not
               | clear that it's legally required 2. It would be
               | incredibly expensive and/or slow progress dramatically,
               | or limit you to pre-existing licensed content (e.g.
               | Adobe) which drastically reduces some types of
               | capabilities 3. Given #1, for any company that doesn't
               | have an Adobe-style library, "playing ball" is
               | essentially betting the company that it will become
               | legally required, because on top of developing an AI
               | model you're going to have to become an expert content
               | licensing and documentation studio
        
           | kemayo wrote:
           | I'm quoting the relevant bit from Valve's email in the reddit
           | post, to indicate exactly what they're actually forbidding.
           | 
           | Notably: _not_ all AI-generated content, but rather AI-
           | generated content from models that were trained on material
           | that 's not owned by the person submitting the game.
        
             | XCSme wrote:
             | Can that even be proven/tested?
        
               | BlueTemplar wrote:
               | Depending on the court, burdens of proof can vary a
               | lot...
        
               | dragonwriter wrote:
               | In court, it would be the entity claiming infringement
               | that would have the burden of proof that their exclusive
               | rights under copyright were violated by the assets in
               | question, not the distributor of the asset that had the
               | burden of showing ownership of every item in the training
               | set of the model used in some part of the workflow.
        
               | kemayo wrote:
               | What I'd assume Valve is worried about is that it only
               | takes one major decision against Stable Diffusion in
               | court to suddenly leave us in a state where "this game
               | used Stable Diffusion" _is_ the proof that 's needed.
               | 
               | Given the whole "Stable Diffusion reproduces the Getty
               | Images watermark" lawsuit[1] that's still ongoing, it's
               | not an idle concern.
               | 
               | [1]: https://www.theverge.com/2023/1/17/23558516/ai-art-
               | copyright...
        
               | dragonwriter wrote:
               | > What I'd assume Valve is worried about is that it only
               | takes one major decision against Stable Diffusion in
               | court to suddenly leave us in a state where "this game
               | used Stable Diffusion" is the proof that's needed.
               | 
               | Hard to see how any plausible outcome that would have
               | that result for users of SD (if model training isn't fair
               | use, that's definitely a blanket-liability issue for
               | Stability.AI -- and Midjourney, and OpenAI, and lots of
               | people training their own models, either from scratch or
               | fine-tuning, using others' copyright-protected works.
               | 
               | But "using a tool that violates copyright in the
               | workflow" is not itself infringement; whether and in what
               | situations prompting SD to produce output makes the
               | output a violation of copyright (and whose) would be a
               | completely different decision, and while Ibcan certainly
               | see cases (such as deliberately seeking to reproduce a
               | particulaflr copyright-protected element, like a
               | character, from the source data) where it might be
               | (irrespective of the copyright status of the model
               | itself), I haven't seen anyone propose a rule that could
               | be applied (much less an argument that would justify it
               | as likely) based on copyright law that gets you to "used
               | SD, in violation".
               | 
               | Lots of blanket ethical arguments about using it, but
               | that's a different domain than law.
        
               | nemomarx wrote:
               | They can ask you to say that you own all the relevant
               | rights, and then if it turns out not to be true later
               | they can say they don't know.
               | 
               | Which seems like as much as you can hope for in a policy?
        
               | XCSme wrote:
               | But how does this work for YouTube for example? People
               | still upload copyrighted stuff, even if the ToS says you
               | shouldn't.
        
               | gbear605 wrote:
               | The key is that it protects YouTube (and Valve in this
               | case) since they can say "we weren't allowing our users
               | to upload copyrighted content but they snuck it in"
        
               | mrweasel wrote:
               | It just has to be enough that Valves legal team can claim
               | that they approved the game in good faith and that they
               | can be held responsible for a game developer lying and
               | knowingly violating the terms of service.
        
         | ravenstine wrote:
         | Why would Valve be on the hook for copyright? If a particular
         | game developer happens to get sued (which happens regardless of
         | AI), all Valve has to do is remove the game from Steam.
         | 
         | Assuming this is even real, it may have more to do with
         | preventing another 1989 video game crash resulting from the
         | market being overwhelmed with crappy games.
         | 
         | Then again, most AAA games today are broken pieces of suck, so
         | IDK.
        
           | henryfjordan wrote:
           | If Valve takes a % of sales from a game that is full of
           | copyright infringement, they can be sued for their cut from
           | the sales plus maybe more and they need to pay the lawyers.
           | 
           | They also care about their reputation amongst content-
           | producers (game makers). Youtube faced this exact dynamic
           | back in the day and have found it better to side with the
           | large creators who care very much about protecting IP rights
           | and so they exercise a heavy hand against copyrighted
           | material.
        
           | usrusr wrote:
           | "all Valve has to do is remove the game from Steam."
           | 
           | And take the reputation hit that would go along with that.
           | Valve's business is 30% technology and 70% the reputation of
           | being much less untrustworthy than the alternatives. If they
           | lose that they can close shop.
        
             | shultays wrote:
             | Valve's business is its user base, as long as it has that I
             | think they will survive.
        
         | raincole wrote:
         | It's just a random reddit post. The OP on reddit didn't even
         | post his game.
         | 
         | Three possiblilities:
         | 
         | 1. It's just fictional. Probably written by a troll or
         | generated by ChatGPT.
         | 
         | 2. Steam refused to publish the game due to some obvious
         | copyright issues (like they told Midjourney to generate
         | superman or one-piece characters)
         | 
         | 3. Steam is banning any AI generated assets.
         | 
         | My bet is 1 > 2 > 3.
        
           | thrashh wrote:
           | I bet it's 2 because OP said they used "admittedly obviously
           | AI generated from the hands" and a lot of AI generation makes
           | really funky hands that you have to fix because it looks so
           | bad.
           | 
           | So it sounds like OP slapped some half-assed generated images
           | into a game and tried to submit it. Valve now can't really
           | trust someone that does that to have done any due diligence.
        
             | naet wrote:
             | The OP's only other reddit post says that they want to
             | start a corporation to avoid associating their name with
             | the game, which is a pretty big red flag to me.
             | 
             | "I've been developing a game for a while now, and am near
             | ready to release it on Steam. I'd prefer it not to be
             | associated with my name (as in I'd prefer people googling
             | my name and future employers being unable to find out i
             | developed this game )."
        
               | bobthepanda wrote:
               | There's a high likelihood that it's probably pornographic
               | or otherwise controversial.
               | 
               | Use copyrighted material in porn that you charge money
               | for and you'll get slapped with a lawsuit faster than you
               | can load the home screen.
        
               | jstarfish wrote:
               | Given the tech involved and allegations I agree with the
               | others that this is a smut game, but shielding yourself
               | with an LLC is a smart move for anybody doing _anything_
               | controversial, commercially.
               | 
               | Ask Alex Jones...
        
               | sangnoir wrote:
               | Depending on the genre, that may be a reasonable action.
               | If I were to uncharitably assume OP submitted an adult
               | game with rip-off characters, that would explain both OP
               | & Valve's behaviors. If this transpired at all.
        
           | thrillgore wrote:
           | I don't visit reddit anymore so I need to see more
           | substantiated claims before I give this any thought.
           | 
           | Besides my already established biases towards AI: It's
           | threatening to creative endeavors, not because it exists, but
           | because it will impact the earning potential of creatives.
        
           | lolinder wrote:
           | It's a really strong indictment of the state of journalism
           | that "I read it on reddit" has become sufficient to turn into
           | a news story.
           | 
           | The internet is flooded with content right now to the effect
           | of "Valve might be doing this thing", but not one of those
           | sources has actually reached out to Valve for comment.
           | Instead they all cite a random commenter on Reddit (or they
           | cite each other).
        
             | coffeebeqn wrote:
             | What journalism? This is a link to reddit
        
               | cmiles74 wrote:
               | Here's one from Ars Technica.
               | 
               | https://arstechnica.com/gaming/2023/06/steam-mods-
               | reportedly...
        
               | yk wrote:
               | > Neither Valve nor potterharry97 were immediately
               | available to respond to a request for comment.
               | 
               | I wanted to point out that journalists at least check
               | their sources...
        
               | lolinder wrote:
               | "Immediately available" could mean "we sent out the email
               | right before we pressed submit". That's better than
               | nothing, but it's still not journalism.
        
               | lyu07282 wrote:
               | "Journalists" are like vultures now, they just run
               | towards anything to publish as much as possible with
               | absolutely zero regard for any journalistic ethic.
               | 
               | Might as well just replace journalists by AI at this
               | point, to a large group of people (me included) they've
               | all made themselves more hated and untrustworthy than a
               | company, economist, politician or civil servant.
        
               | SantalBlush wrote:
               | By and large, it's true. But Reuters still does some
               | decent investigative journalism, imo.
        
               | [deleted]
        
               | lolinder wrote:
               | https://news.google.com/search?q=valve
               | 
               | There are dozens of articles that are just summaries of
               | this reddit thread with no further effort put into them,
               | and that's pretty much the norm these days for a lot of
               | content.
        
               | coffeebeqn wrote:
               | Ah very true, thanks
        
               | netsharc wrote:
               | I see three relevant articles (the rest aren't relevant,
               | e.g. talking about Steam summer sale), from sites that
               | look more like content farms than legitimate news
               | websites.. but yeah, there are too many content farms
               | nowadays.
        
               | palata wrote:
               | Soon they will be auto-generated with ChatGPT from reddit
               | threads...
        
               | varelse wrote:
               | [dead]
        
               | DirkH wrote:
               | A lot were already automated prior to ChatGPT
        
               | palata wrote:
               | Sure, but I like to think that I could pretty quickly
               | recognize them. Much harder with GPT.
        
           | AnIdiotOnTheNet wrote:
           | 4. This is intentionally floated with nebulous veracity in
           | order to gauge public reaction before making it official.
           | 
           | If so, the reaction I've seen is quite positive. Very
           | unlikely though.
        
           | ilyt wrote:
           | >Steam refused to publish the game due to some obvious
           | copyright issues (like they told Midjourney to generate
           | superman or one-piece characters)
           | 
           | from post:
           | 
           | > contains art assets generated by artificial intelligence
           | that appears to be relying on copyrighted material owned by
           | third parties.
           | 
           | So I'm guessing 2
        
           | Macha wrote:
           | I'd be less sure about that, Valve has taken stances for
           | reasons of public demand and/or their personal ethical
           | standards (depending on what you believe) before, for example
           | the ban on Blockchain games.
        
             | judge2020 wrote:
             | But not for Tyrone vs. Cops[0]
             | 
             | "When a game comes up as problematic, it gets flagged a
             | bunch by steam users, and there's a meeting that takes
             | place where they decide if these things stay on steam"[1].
             | 
             | 0:
             | https://store.steampowered.com/app/1853200/TYRONE_vs_COPS/
             | 
             | 1: https://youtu.be/hDjxBrgtJXc?t=974
        
               | Macuyiko wrote:
               | Well... Valve is a very interesting study in that regard.
               | They have voted for violence, topics bordering to meme
               | hate speech, pornography, but have voted against crypto
               | shit and now AI.
               | 
               | Not making a verdict either way but I find it
               | interesting. I'd like to know more about the internal
               | discussion(s) that took place to establish their
               | frameworks. Especially given the company is private.
        
               | bmicraft wrote:
               | I think it makes perfect sense that they care more about
               | their users not falling for a crypto scam on their
               | platform than the actual content of the games
        
               | cmeacham98 wrote:
               | For what it's worth, I think I would vote the same way,
               | perhaps with the difference being against the hate speech
               | depending on how bad it was.
               | 
               | Games with significant Crypto and AI art components bring
               | significant risks to Valve in both legal and social
               | contexts (99.9% of modern crypto-related projects are an
               | intentional scam, and AI art is a legal minefield right
               | now).
               | 
               | On the other hand, violence and pornography are much more
               | accepted by society (in the context of fictional
               | enterntainment).
        
               | adnzzzzZ wrote:
               | This developer's next game was banned though: https://twi
               | tter.com/Team_SNEED/status/1651022411368628224. They're
               | fairly inconsistent about it.
        
             | cma wrote:
             | Valve's ban on blockchain games was more related to their
             | cut of revenue and desire note to bolster systems that
             | bypass it, probably along with KYC concerns converting
             | steam wallet money into crypto.
        
           | [deleted]
        
           | intrasight wrote:
           | I usually read HN comments before articles. Is a good filter.
           | Seeing that article was just a Reddit post, I stopped reading
           | comments at this one.
        
             | shultays wrote:
             | But it is just a random HN post!
        
         | bunga-bunga wrote:
         | Sounds like a cop-out. They can't possibly verify that any
         | content they're hosting isn't already copyrighted, let alone in
         | a "murky copyright state"
        
           | [deleted]
        
           | wahnfrieden wrote:
           | Well, they verify. Think again or say something that isn't
           | just "I know something I made up about them that I didn't
           | look up".
        
           | mcpackieh wrote:
           | What are they copping out of? What are you suggesting their
           | real motivation is?
        
             | evandale wrote:
             | I'll suggest a real motivation: they want to make their own
             | game generated by AI and have first mover advantage while
             | they work out all the scary AI copyright issues they have
             | to deal with that they already deal with because the same
             | problem exists with human generated art.
             | 
             | Why do I say that? They want the developer to prove they
             | only used material they created to do the training and
             | Valve has the resources to follow that rule unlike the rest
             | of us.
        
               | mcpackieh wrote:
               | > _They want the developer to prove they only used
               | material_
               | 
               | No, they only want the developer to "affirmatively
               | confirm" it. It doesn't say anything about Valve
               | demanding some sort of proof.
        
               | pinkcan wrote:
               | yea, and the game is half-life 3
        
               | mardifoufs wrote:
               | I don't think valve wanting to make a game is a realistic
               | argument for anything in 2023. I'd believe any other
               | reason than that lol.
        
             | [deleted]
        
           | urda wrote:
           | > Sounds like a cop-out.
           | 
           | Adhering to legal and copyright standards isn't a "cop-out"
        
             | vkou wrote:
             | And neither is choosing to act in a situation where the
             | legality isn't clear.
             | 
             | I understand that OpenAI et al would like to assure all
             | their investors and customers that there's nothing legally
             | problematic with using an AI to launder away copyright
             | infrigement, but we're going to need a few lawsuits to have
             | the matter settled.
        
               | weatherlight wrote:
               | someone failed their ethics class in college....
        
               | [deleted]
        
               | doctorwho42 wrote:
               | And valve leadership has made a decent decision of 'we
               | don't want to be the ones being the defendants on what
               | could be a costly and time consuming lawsuit for
               | something they didn't make'
        
             | hyperhopper wrote:
             | Okay, show me the standard that says that output from AI
             | trained on copyrighted materials cannot be sold in this
             | manner.
             | 
             | They aren't following standards, they are being ultra super
             | conservatively cautious.
             | 
             | If you go that far you can rationalize a lot of things
        
               | Matticus_Rex wrote:
               | Being cautious when not being cautious could mean lots of
               | big lawsuits against you doesn't seem that ultra-super
               | conservative. I hope this ends up going the other way,
               | but I understand Valve's calculus here.
        
               | adamc wrote:
               | INAL. But... show me the case law establishing there is
               | near-zero risk to them if they let it go through.
               | 
               | People make business decisions all the time to avoid
               | murky areas that may hold peril. Unless there is a big
               | benefit to them, why take the risk?
        
               | gabeio wrote:
               | > ultra super conservatively cautious.
               | 
               | This has nothing to do with politics.
               | 
               | This has everything to do with CYA, the issue is AI
               | trained with copyrighted material is a huge gray area and
               | they don't want to be in the gray area. That's rational
               | and has zero to do with "conservative".
               | 
               | This is likely not set in stone and after the copyright
               | laws and courts catch up and decide what to do, Valve
               | will likely go back and update their policies
               | accordingly.
        
               | saurik wrote:
               | >> ultra super conservatively cautious.
               | 
               | > This has nothing to do with politics.
               | 
               | > This has everything to do with CYA, the issue is AI
               | trained with copyrighted material is a huge gray area and
               | they don't want to be in the gray area. That's rational
               | and has zero to do with "conservative".
               | 
               | The word "conservative" isn't a political word in all (or
               | even I would have thought in most) contexts: it's normal
               | meaning is similar to "chosen so as to be careful". For
               | example, a "conservative estimate" isn't "an estimate
               | that leans to the right of the political spectrum": it is
               | an estimate which has been padded out in the direction
               | you are more likely wrong.
               | 
               | When someone says they are being "ultra super
               | conservatively cautious" they are merely being super
               | extra _extra_ doubly-cautious, as we are stacking similar
               | adjectives (as one might could do with something else
               | such as  "carefully"). So, wanting to avoid being in a
               | gray area is dead center to being "conservative" in one's
               | curation or legal strategy.
        
               | Rexxar wrote:
               | > This has nothing to do with politics.
               | 
               | Please tell what is, in your opinion, a conservative
               | garbage collector without looking on google.
        
               | imchillyb wrote:
               | > https://www.artnews.com/art-news/news/ai-generator-art-
               | text-...
               | 
               | US Copyright Office has stated unequivocally that AI
               | works cannot be copyrighted, or otherwise protected
               | legally.
               | 
               | The US patent office is studying the effects of AI on the
               | patent system and asking citizens and businesses for
               | comment.
               | 
               | If that's not enough for you, I don't know what would be.
        
               | oneeyedpigeon wrote:
               | That's surprising. Do you know if their definition of
               | 'AI' includes things like generative fill in Photoshop?
        
               | dragonwriter wrote:
               | > US Copyright Office has stated unequivocally that AI
               | works cannot be copyrighted, or otherwise protected
               | legally.
               | 
               | The "or otherwise legally protected" piece is outright
               | falss (and would be out of their scope of competence if
               | true), the other part is true but potentially misleading
               | (a work cannot be protected to the extent that AI, and
               | not the human user, "determines the expressive elements
               | of the work", but a work made with some use of AI where
               | the human user does that can be protected to the extent
               | of the human contribution.)
               | 
               | The duty to disclose elements that are created by
               | generative AI in the same guidance is going to prove
               | unworkable, too, as generative AI is increasingly
               | embedded into toolchains with other features and not
               | sharply distinguished, and with nontrivial workflows.
        
               | [deleted]
        
               | kube-system wrote:
               | That is a shallow regurgitation of their opinion that has
               | been repeated out of context in headlines, but it misses
               | their point. The Copyright Office's opinion can be better
               | summed up as:
               | 
               | 1. Copyright protects work that humans create
               | 
               | 2. Humans sometimes use tools to create their works, that
               | is okay
               | 
               | 3. Y'all make up your mind whether your AI is some
               | sentient being or whether it's just a tool. We're just
               | lawyers.
               | 
               | If the wind blows and your typewriter falls off a shelf
               | and writes a novel, it isn't subject to copyright either.
               | That doesn't mean that _all_ works written using a
               | typewriter aren 't subject to copyright. It means a human
               | must be part of the creative process.
        
               | hedora wrote:
               | But what if the wind blows, and my laptop falls off a
               | shelf and writes the source code for windows 95, but
               | reindented, with some implementation details and variable
               | names changed?
               | 
               | It's pretty clear that the "neural networks are just a
               | tool" ruling is going to have to be revisited eventually
               | (and probably soon).
        
               | kube-system wrote:
               | > But what if the wind blows, and my laptop falls off a
               | shelf and writes the source code for windows 95, but
               | reindented, with some implementation details and variable
               | names changed?
               | 
               | Simple. If it wasn't created by a human, it's not
               | eligible for copyright. The law is quite clear about
               | this.
               | 
               | Microsoft gets the copyright to Windows 95 because they
               | wrote it with humans. You wouldn't get it because you
               | didn't write it. Your laptop wouldn't get it because it
               | isn't a human.
               | 
               | > It's pretty clear that the "neural networks are just a
               | tool" ruling
               | 
               | I think you misinterpreted the above. There is no
               | ""neural networks are just a tool" ruling".
               | 
               | The copyright office never said neural networks were or
               | were not a tool.
               | 
               | They said if a human makes a creative work, and they
               | happen to use use a tool, then it is eligible for
               | copyright. As it always has been.
               | 
               | All they said is what every lawyer _already knows_ ,
               | which is that a work has to have an element of human
               | creativity in order to be eligible for copyright.
        
               | jamilton wrote:
               | That's meaningfully different. "Can't be copyrighted"
               | doesn't mean "can't be sold", or "someone else owns the
               | copyright". It just means someone can copy and resell the
               | generated portions without payment/licensing.
        
               | chefandy wrote:
               | Sure-- the method of making the image, such as being AI
               | generated, is entirely irrelevant in terms of IP
               | enforcement. You could cut a cross-section from a log
               | that had coincidentally formed the Nike symbol with it's
               | rings, and if you slapped a picture of it on your line of
               | sportsware, you better believe you're going to get owned.
               | 
               | But if they see an increased risk of IP violations from
               | AI generated assets-- and given the Getty red carpet
               | debacle that's entirely reasonable-- banning it will
               | probably save them a whole lot of money on manual game
               | reviews.
        
               | tgsovlerkhgsel wrote:
               | The Nike example is trademark rights, not copyright.
               | 
               | If you give a worker 5 examples of cars, and tell him
               | "draw me a new car in this style", and he does so (from
               | memory without clearly copying any individual example),
               | it's unlikely to be a copyright or other IP violation.
        
               | blibble wrote:
               | regardless of legality: the odds are games with AI
               | generated materials are going to be much lower quality
               | 
               | (shovelware)
        
             | ekianjo wrote:
             | And which standard is that for ai generated art ?
        
               | georgeecollins wrote:
               | A lot of AI generated images retain the watermark of the
               | copyright image it was trained on. If you sell something
               | with that image with no agreement from the rights holder
               | it is not fair use.
               | 
               | It is completely reasonable for Valve to forbid this
               | until it is sorted out. Keep mind they are a company of
               | IP creators, creating a marketplace for IP creators. The
               | whole reason Steam was created was to establish a DRM
               | that fought the piracy of Half Life. I am on the side of
               | Valve in this.
        
               | tgsovlerkhgsel wrote:
               | I believe the AI _generates_ a watermark because so many
               | examples contained it.
               | 
               | Imagine taking a really dumb gig worker, showing him
               | 10000 images, some of them with watermarks, and then
               | telling him "draw a red car, kinda like the kind of
               | images you saw". There's a decent chance you'll get a red
               | car that looks nothing like any cars with the data set
               | (original work), and yet he'll paint a memorable
               | watermark on top because so many examples contained it,
               | you said "kinda like the kind of images you saw", and he
               | doesn't understand that the watermark isn't meant to be
               | part of the picture. I believe that's whats happening.
        
               | jameshart wrote:
               | They don't 'retain' a watermark. They 'reproduce' the
               | watermark.
               | 
               | It's entirely possible for a diffusion model to produce
               | an original work and yet still hallucinate a
               | 'shutterstock' watermark onto it, in much the same way as
               | GPT can hallucinate valid-looking citations for legal
               | cases that never happened.
        
               | sdenton4 wrote:
               | To correct the common misconception: Sometimes AI image
               | generators insert a watermark because they have seen a
               | lot of watermarks on certain kinds of images during
               | training. This does not mean that the image itself is a
               | copy of any particular image in the training data.
               | 
               | Producing (distorted) copies of images in the training
               | data takes some real effort, and typically only occurs
               | for images which are heavily repeated in the training
               | data... Most of the complaints along these lines can be
               | compared to complaints that cars cause massive bodily
               | harm if you steer them into lightposts: The problem is
               | easily preventable by not driving into a lightpost.
        
               | Tuna-Fish wrote:
               | There are multiple jurisdictions where there have been
               | rumblings that an AI-generated work is possibly a derived
               | work from every single work that the AI was trained with.
               | This hasn't been properly tested in court, but I would
               | give very high odds that the standard will be upheld at
               | least somewhere where Steam sells things.
               | 
               | If this is true, then ordinary copyright law means that
               | AI-generated media cannot be used unless you have a
               | release from every bit of training data you used. At
               | least some of the currently existing AI:s were trained
               | with datasets for which such releases are impossible, so
               | they should not be used.
               | 
               | Also, for the love of god, do not use any of the AI
               | coding assistants, or if you do, at least never publicly
               | admit you do.
        
           | 99_00 wrote:
           | It's incorrect to say that Valve can't verify any content
           | they are hosting is copyrighted.
           | 
           | They are obviously able to identify some copyright material.
        
           | [deleted]
        
           | ethbr0 wrote:
           | > _Sounds like a cop-out._
           | 
           | Sounds like due diligence.
        
             | methehack wrote:
             | And a sound business decision until the copyright law works
             | itself out.
        
           | justapassenger wrote:
           | Risk management. AI generated content has high likelihood of
           | copyright infringement.
        
             | wiz21c wrote:
             | funny, a while ago MSFT said Copilot was not stealing code,
             | it was merely reading it...
        
               | alpaca128 wrote:
               | I'd say that too if I was Microsoft, but that doesn't
               | make it true.
        
               | usrusr wrote:
               | The best case scenario for Microsoft would be supplying
               | the world with programming tools far ahead of all others
               | (no idea, haven't tried any of that stuff), while maybe
               | not getting sued to bits. The best case scenario for
               | Valve would be not getting sued to bits while getting
               | even more spammed by low-effort money grab attempts that
               | hope to luck into virality than they already are.
               | 
               | At first approximation, yeah, the risk of getting sued to
               | bits might be roughly the same. But the upside is not.
        
               | kibwen wrote:
               | Microsoft wants to leverage LLMs to expand their
               | influence in the software development market. For them,
               | Copilot is both revenue source and a moat, so it behooves
               | them to claim that these models don't constitute
               | copyright infringement. But there's no business benefit
               | to Valve in allowing AI-generated art assets on Steam,
               | and a small (though nonzero) amount of risk.
        
               | doctorwho42 wrote:
               | And Microsoft isn't the government. So I see no bearing
               | on the actual issue at hand, which is valve protecting
               | it's own ass from lawsuits that are in the realm of murk
               | at best.
        
               | bee_rider wrote:
               | It isn't a settled legal issue yet. It could be that
               | Valve and Microsoft are responding to different
               | incentives, because they have different business models.
               | But it could also just be that their lawyers have
               | different legal opinions.
        
           | [deleted]
        
           | kemayo wrote:
           | They have a manual review step when you submit a game.
           | Although you're right that they can't catch everything, they
           | can certainly catch obvious things.
           | 
           | I'm sure they mostly just don't want to wind up in court with
           | a lawyer being able to say that they let [blatant example
           | here] get published on their store. So long as they can
           | credibly claim that there was no way for them to _tell_
           | something was in an objectionable category, I 'd imagine
           | they're fine with it.
           | 
           | Their rules, if you're curious:
           | https://partner.steamgames.com/steamdirect
        
             | ryathal wrote:
             | I doubt their manual review actually does much of anything.
             | There are already tons of "games" that don't actually
             | function that are just pre-built engine assets shoved
             | together.
        
             | CommitSyn wrote:
             | I wonder how automated their system is. They obviously
             | wouldn't boot the game up and start walking around because
             | they can just extract the media files and check. But I'm
             | curious if there is a system that identifies copyrighted
             | images/video stills and searches for copyrighted words.
        
         | gnopgnip wrote:
         | Wouldn't the DMCA safe harbor apply, it's user submitted
         | content?
        
         | paxys wrote:
         | This is a bullshit argument. There is zero liability for Valve
         | here. They are a publisher, and are fully protected by the
         | DMCA. Have they received a single takedown request for AI
         | generated art? Why are they judging it to be possible
         | infringement then?
        
           | pcai wrote:
           | Consider for just a moment that they have almost certainly
           | thought about this much more deeply and thoughtfully than you
           | have
        
             | paxys wrote:
             | "No big company can ever do a bad thing because I'm sure
             | they've thought deeply and thoughtfully about it."
        
             | pproe wrote:
             | I agree with your sentiment but this is a poor way to
             | dismiss an argument.
        
           | scrps wrote:
           | https://www.law.cornell.edu/wex/contributory_infringement
           | 
           |  _The Copyright Act does not expressly impose liability for
           | contributory infringement. According to the U.S. Supreme
           | Court, the "absence of such express language in the copyright
           | statute does not preclude the imposition of liability for
           | copyright infringements on certain parties who have not
           | themselves engaged in the infringing activity.
           | 
           | One who knowingly induces, causes or materially contributes
           | to copyright infringement, by another but who has not
           | committed or participated in the infringing acts themselves,
           | may be held liable as a contributory infringer if they had
           | knowledge, or reason to know, of the infringement. See, e.g.,
           | Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., 545 U.S.
           | 913 (2005); Sony Corp. v. Universal City Studios, Inc., 464
           | U.S. 417 (1984)._
           | 
           | IANAL. Considering Valve not only gives games a retail
           | platform, has to approve games before sale, and takes a cut
           | of that sale and assuming the reddit post isn't a lie then I
           | am gonna guess Valve's probably well staffed legal dept
           | decided not to take a seemingly iffy legal gamble on a game
           | that probably wasn't going to rake in a ton of sales anyway.
        
           | bmoxb wrote:
           | That may be true but that won't stop people from trying to
           | sue undoubtedly - clearly they've decided the effort and
           | legal fees required to deal with that aren't worth it.
        
         | [deleted]
        
         | emveeoh wrote:
         | [dead]
        
         | lallysingh wrote:
         | Man, getty images is sitting on a goldmine opportunity to get
         | into AI here. They have enough images to train something quite
         | useful!
        
           | krapp wrote:
           | AI is already trained on Getty's image set... it's why people
           | have to exclude watermarks from their prompts.
        
             | baobabKoodaa wrote:
             | Sure, but that doesn't relate in any way to the legal
             | problem that this post is about.
        
       | wincy wrote:
       | Interesting. So products that use AI generation as pet of an API,
       | say using a diffusion model to generate different stylings for
       | the walls and textures for a level creator, would fall under
       | this?
       | 
       | Guess it's time to ask for forgiveness rather than ask for
       | permission and not let Valve know where my art assets are coming
       | from in my web-based API.
       | 
       | If I were making a game I'd just lie and lie at this point.
        
         | axus wrote:
         | AI code generation is OK though! Because they can't detect it?
         | 
         | It's cool to see the development of new ethical standards in
         | response to new technology. If I could get an option for
         | ethically-sourced AI, which only uses public-domain art / text
         | / code for training, that'd be nice.
        
         | smoldesu wrote:
         | For a very long time music producers would pirate their
         | samples, plugins and presets. The idea was that nobody could
         | tell how illegal these tools were in the finished product, so
         | there was no reason _not_ to steal. It was genuinely the gold
         | standard for a while, and even established artists like Diplo,
         | Porter Robinson and Kanye West were caught pirating content en-
         | masse.
         | 
         | Nowadays there isn't the same attitude so much. Many people
         | still pirate sounds, but skeptic listeners will sometimes ask
         | musicians to show off their project files to embarass them over
         | how many pirated Cymatics drums they use and their version of
         | Sylenth licensed to "RuTorrent".
         | 
         | It wouldn't surprise me if the same thing happened today. AI-
         | assisted development will take off for a while, and then people
         | will ask self conscious questions like "nice art, who's your
         | art director?"
        
           | sebzim4500 wrote:
           | > Many people still pirate sounds, but skeptic listeners will
           | sometimes ask musicians to show off their project files
           | 
           | And the musicians comply? Weird.
        
             | smoldesu wrote:
             | I mean, not always. It's hard to be super secretive in a
             | live situation, but I'd wager many musicians have
             | successfully hidden their pirated plugins.
             | 
             | A lot of people have been caught anyways. Steve Aoki
             | accidentally left a visibly pirated Sylenth VST in a promo
             | vid, Porter Robinson and Skrillex both got caught with
             | pirated plugins during track breakdowns, Kanye West posted
             | a video with 30 tabs of The Pirate Bay open to download
             | Logic Pro... the list goes on. It was extremely common in
             | the early days of digital music production (and still is
             | today, to an extent), but the backlash has pushed most
             | legit production houses to legit licensed software.
        
         | mavu wrote:
         | [flagged]
        
       | stainablesteel wrote:
       | i really hope the US copies Japan's ruling on this kind of thing.
        
       | emveeoh wrote:
       | [dead]
        
       | bilalq wrote:
       | Where do they draw the line? What about DLSS? Doesn't any game
       | using that have "AI generated graphics"? I guess their email
       | wording focused specifically on assets. Does that mean if you
       | don't pre-bake assets in as artifacts, you're fine?
        
         | pavon wrote:
         | With DLSS Steam isn't hosting and distributing AI generated
         | content, Nvidia is distributing it with their drivers. So any
         | liability regarding the source of the training datasets falls
         | on Nvidia, and there is no reason for Steam to get involved.
        
           | bilalq wrote:
           | That seems reasonable at first glance, but how is that
           | different from the game downloading generated content or
           | models used for inference from its own servers after Steam
           | distribution? If you argue that the code being used to access
           | it is distributed, then what about the code to integrate with
           | DLSS APIs on Steam distributed games?
        
         | qmarchi wrote:
         | DLSS is trained on the games themselves no?
        
           | entropicdrifter wrote:
           | It used to be trained on specific games, but I think most of
           | the time it isn't nowadays outside of a few major titles
        
           | giobox wrote:
           | DLSS requires no training on your own game to use - you just
           | use the pre-trained system NVidia provides, IIRC. So it has
           | been trained on game data, but not necessarily yours.
        
           | pawelduda wrote:
           | There isn't one trained model per game I think, to update
           | DLSS manually you just replace a .dll file.
        
         | giobox wrote:
         | There is _very_ clearly a line most people will understand
         | between what DLSS does, and generating completely new art that
         | mimic existing intellectual property.
         | 
         | No one is ever going to accuse DLSS of creating new art works
         | containing some other legal entity's existing IP for example,
         | its literally just a (very clever) upscaling of the original
         | art. If it did, it would presumably render the game being
         | upscaled almost unplayable as it would be changing the output
         | to a state unrecognizable from the input frame.
        
           | bilalq wrote:
           | There may be a line between there somewhere, but it's not at
           | all clear where it is. What about generating foliage or
           | varied ground textures? What about generating buildings? Or
           | NPCs? Also, the "just upscaling" relies on training data from
           | outside your own game. Why is that okay when the rest of this
           | isn't?
           | 
           | I totally get why Valve is taking the stance that they are. I
           | imagine its hard even for them to know where to draw the line
           | (evidenced by how long the turnaround time was on the support
           | response).
        
             | giobox wrote:
             | > What about generating foliage or varied ground textures?
             | What about generating buildings? Or NPCs?
             | 
             | This isn't how NVidia DLSS or AMD FSR works at all.
             | DLSS/FSR can't create new buildings or foliage, or NPCs, so
             | hard to foresee problems of the kind Valve are concerned
             | with. Same for varied ground textures- the entire point of
             | the technology is to sharpen and upscale the original
             | image, or in case of DLSS3 inject new matching frames.
             | 
             | The only "risk" to DLSS is in Nvidia's own training data,
             | but there is no "risk" of another company's existing IP
             | leaking into final frame - again if there was, gamers
             | wouldn't want to use it, as its destroying the original
             | frame! If the resulting frame isn't a near perfect match
             | for the original, DLSS has failed. Thankfully it does
             | nearly perfectly match the original in use and alongside
             | AMD's FSR 2.0 stuff has been one of the best advancements
             | in gaming technology of recent years - effectively
             | significant FPS boost "for free" on same hardware.
             | 
             | > https://www.nvidia.com/en-us/geforce/technologies/dlss/
             | 
             | > https://www.amd.com/en/technologies/fidelityfx-super-
             | resolut...
             | 
             | While the line may be gray for other AI technologies in
             | gaming, such as using it create new original textures or
             | models, DLSS/FSR is _just a really good upscaler_ - no
             | "new" content being created and therefore no risk of IP
             | infringement. To be really blunt; FSR and DLSS are in
             | almost every new game for the last couple of years on both
             | PC and console across literally hundreds of games now - if
             | there was IP infringement issues, we would know by now - we
             | are already onto second/third generations of these
             | upscalers.
        
               | bilalq wrote:
               | Apologies if I was unclear. I didn't mean to suggest that
               | DLSS generates textures. I was raising the question about
               | whether or not generated textures would be in violation
               | of the policy. And if they're fine, what about generated
               | buildings or NPCs? It's fine that DLSS is considered
               | compliant. My point is that it's not at all clear where
               | we draw the line.
        
         | [deleted]
        
         | [deleted]
        
       | guy98238710 wrote:
       | Engineers have created it and lawyers have ruined it. It's
       | interesting how whole professions can be inherently constructive
       | or inherently destructive.
        
         | a_cardboard_box wrote:
         | Or are engineers trying to destroy the livelihood of millions
         | of artists, and lawyers are protecting it?
        
           | GreedClarifies wrote:
           | Smash the looms! Smash the looms!
        
             | pessimizer wrote:
             | Looms weren't trained unwillingly by the people they
             | replaced. You're thinking about outsourcing.
        
               | tzekid wrote:
               | But they were. Weavers improved on their processes for a
               | long time before the engineers swooped in and put that
               | accumulated knowledge into an automated form.
        
         | mrweasel wrote:
         | Engineers, well companies, created an entire industry without
         | any regards for how that might affect artists... again.
         | 
         | Musicians are still being screwed over because engineers wanted
         | change how music is distributed. The goals are noble enough,
         | just as with the music, but large corporations inserted
         | themselves in the middle to capitalize on the work of the
         | artists. I can't fault artists teaming up with lawyers again in
         | an attempt to be paid for their work. It's didn't really work
         | out for the music industry, but hey, what can they do?
         | 
         | As engineer we clearly aren't on the side of the artists, we
         | help companies in the middle, not the artists. When developers
         | created ChatGPT, or Stable Diffusion, did anyone of the
         | developers insist on building in licens tracking, to ensure
         | that only work in the public domain or under appropriate
         | licenses was used, or at least tracked?
         | 
         | We're once again trying to build a new industry, but we don't
         | care how that might affect others. It's dumb, it's not like
         | there wasn't enough publicly available material, it's just that
         | it's cheaper to ignore licensing.
        
           | ronsor wrote:
           | Musicians were always screwed over by the music industry, not
           | engineers.
        
       | rngname22 wrote:
       | This is just legal cover until such time as its possible to
       | enforce no child exploitation imagery, no copyright stuff, etc.
       | 
       | It doesn't matter if they are able to enforce it, Valve can use
       | this policy as cover if they ever get sued.
       | 
       | Don't overthink the motivation. They will not even have a
       | bulletproof way to detect AI imagery as it evolves every single
       | day as an arm's race and detection is a full-time job. Even a
       | FAANG or a state actor would need to dedicate team(s) to
       | detection technology and still have false negatives.
       | 
       | The same sorts of things already happen for example on YouTube
       | and Twitch, where types of content are against TOS or copyright
       | but enforcement is sporadic and selective, smaller operations
       | often fly under the radar of enforcement, bigger creators who are
       | netting the org sufficient revenue will likely be able to get
       | away with more, etc, the automated tools for detection are
       | flawed.
        
         | birdyrooster wrote:
         | Going public about your awareness to a problem necessitates an
         | enforcement response to be considerable.
         | 
         | Imagine you are a trademark holder and someone is using your IP
         | but you don't enforce your trademark by litigating. Your claim
         | is weakened.
         | 
         | It shows the public and the court how significant this problem
         | is for your party.
         | 
         | Edit: copyright -> trademark
        
           | epakai wrote:
           | You seem to be confusing copyright and trademark. Copyright
           | isn't diminished by non-enforcement. A trademark risks being
           | invalidated or genericized when not enforced.
           | 
           | Intellectual property is an encompassing term that seems to
           | lead to this sort of confusion.
        
             | birdyrooster wrote:
             | Thank you!!
        
         | abejfehr wrote:
         | > This is just legal cover until such time as its possible to
         | enforce no child exploitation imagery, no copyright stuff, etc.
         | 
         | If the art used in a game violates copyright or contains
         | imagery of exploited children, ban it of course, but what does
         | that have to do with whether it was generated via AI or created
         | in another manner?
         | 
         | If anything AI generated art should be _less_ susceptible to
         | copyrighted stuff because everything is original (even if it's
         | not in original style)
        
           | hot_gril wrote:
           | Because AI IP law is murky, and that's all Valve cares about.
        
         | MetaWhirledPeas wrote:
         | > They will not even have a bulletproof way to detect AI
         | imagery as it evolves every single day as an arm's race and
         | detection is a full-time job. Even a FAANG or a state actor
         | would need to dedicate team(s) to detection technology and
         | still have false negatives.
         | 
         | Are people actually trying to detect AI-generated content? That
         | would not only be pointless and futile; the threat of false
         | positives would be enormously detrimental to anyone creating
         | legitimate work.
         | 
         | It is such a ridiculously bad idea I'm dumbfounded that anyone
         | _smart_ would be trying to do it.
        
           | kbelder wrote:
           | Yes, multiple teams are working on it, private and public.
           | 
           | >It is such a ridiculously bad idea I'm dumbfounded that
           | anyone smart would be trying to do it.
           | 
           | Agree with you there.
        
           | cwkoss wrote:
           | Yep. There is a cohort of #noaiart amateur-but-wants-to-be-
           | professional artists on twitter who believe their mediocre
           | talents would be paying their expenses if it only wasnt for
           | that pesky ai imggen. (Ignoring that a vanishingly small
           | proportion of imggen art is replacing commissioned art - most
           | is art that would simply never have been made). Like a horde
           | of locusts, they will randomly pile onto AI artwork with hate
           | comments for a brief period of time before moving onto the
           | next one.
           | 
           | People are 'offering their services' where you can DM them a
           | link to an image and they'll eyeball it and tell you if its
           | made by AI. Laughable hubris, if it wasn't for the inevitable
           | ramifications of false positives.
        
             | [deleted]
        
             | slikrick wrote:
             | no there isnt
        
               | cwkoss wrote:
               | I have first hand experience with them.
        
           | coeneedell wrote:
           | Yes people are working on it. The thing you're missing is
           | that many of the contexts where the money actually is being
           | spent is not really relevant to the public discussion around
           | AI generated content. It's more about making sure that nobody
           | gets a bank loan using an AI generated voice and face, or
           | that people don't get scammed by a deep fake of their
           | relatives, or that your government office isn't being slammed
           | with subtle propaganda, for instance. The trick to your
           | concern is to change your expectations of accuracy. Flagging
           | something as fraudulent with an ML is not treated by these
           | systems as if it's actually being fraudulent.
        
           | oneeyedpigeon wrote:
           | I know companies that are trying to do this, yes. The
           | detection tools are terrible, but places really do not want
           | writers submitting AI-written content, for example.
        
             | MetaWhirledPeas wrote:
             | > but places really do not want writers submitting AI-
             | written content, for example
             | 
             | And I want the power of flight, but it isn't going to
             | happen!
        
           | rngname22 wrote:
           | You need to think about different contexts.
           | 
           | Think about security or trust and safety or anti-scam or
           | anti-fraud.
           | 
           | AI generated image, video, and audio can be used to
           | circumvent a lot of systems used in these domains. Many of
           | these domains are for protecting users from being scammed,
           | being impersonated, being tracked, etc.
           | 
           | Think about criminal court. Evidence may become impermissible
           | if it can't be proven whether an image or video or audio
           | document is a forgery or captured reality.
           | 
           | It's a bit flippant and absurd to insult the intelligence of
           | people working on AI detection. I'd be a bit dumbfounded by
           | someone dismissing an effort w/o spending time to think about
           | why that effort may exist.
        
             | MetaWhirledPeas wrote:
             | > Think about security or trust and safety or anti-scam or
             | anti-fraud.
             | 
             | It doesn't matter what context I think about it in. It
             | isn't going to work! And it will make things worse for
             | everyone involved.
             | 
             | Hypothetically let's say we get to a point where everyone
             | believes the detection is 100% accurate. Well that's all
             | that means: everyone _believes_ it. Meanwhile AI has just
             | gotten better, and we 're all more fooled than we were
             | before. All we are really accomplishing is enhancing the
             | training necessary for AI to _elude_ detection.
             | 
             | And there will be an inherent bias toward false positives,
             | because high detection rate will be the selling point. The
             | truth is secondary, and there's no way to verify the
             | results.
        
               | rngname22 wrote:
               | It does work. If you absolutely need to know if an image
               | is AI generated, you can just have a central authority in
               | the system watch the person draw the picture on a piece
               | of paper. Or drive to your house and hand you the paper
               | and pencil and watch you draw it in person.
               | 
               | There are workflows or system designs that absolutely can
               | and will solve for human-verified creation, they just
               | might be incredibly costly or unscalable compared to
               | existing solutions. It's all just tradeoffs. Might make
               | existing business models no longer work. Might open new
               | ones.
        
               | MetaWhirledPeas wrote:
               | > If you absolutely need to know if an image is AI
               | generated, you can just have a central authority in the
               | system watch the person draw the picture on a piece of
               | paper. Or drive to your house and hand you the paper and
               | pencil and watch you draw it in person. There are
               | workflows or system designs that absolutely can and will
               | solve for human-verified creation, they just might be
               | incredibly costly or unscalable compared to existing
               | solutions. It's all just tradeoffs. Might make existing
               | business models no longer work. Might open new ones.
               | 
               | This is pretty much my point. Like you said, incredibly
               | costly and unscalable. A non-solution! We're better off
               | not pretending we can compute what is and isn't real.
        
               | rngname22 wrote:
               | I don't agree, I think it's just a matter of the right
               | mix of distributed trust and creating incentives for
               | honesty and penalties for dishonesty. As well as those
               | costlier mechanisms for verification to be available for
               | a subset of cases.
        
           | permo-w wrote:
           | if there's money to be made, then there'll be people who'll
           | try and make it. doesn't matter how aware of the philosophy
           | or ethics you are. humanist intelligence rarely comes into
           | the equation when money is on the table
        
       | Madmallard wrote:
       | Strong disapprove. Artificially attempting to slow progress just
       | creates a massive power disparity for those who do not care.
        
         | seanw444 wrote:
         | If this was politically or ethically motivated, I'd be inclined
         | to agree. But it seems this is just a safeguard against
         | lawsuits, which I can understand at least.
        
         | freedomben wrote:
         | > _Artificially attempting to slow progress_
         | 
         | Why do you think Valve is just trying to slow progress? Don't
         | they win when people on their store win?
         | 
         | It seems more likely to me that this is CYA against the major
         | lawsuits that are happening right now from copyright holders.
        
           | Madmallard wrote:
           | Ah yeah that is probably right. Chinese indie industry boom?
        
       | zzzzzzzza wrote:
       | misleading title, hn should ban reddit links
        
       | Der_Einzige wrote:
       | Good luck enforcing this. You can generate textures all day with
       | no evidence that they were AI generated.
        
         | justahuman74 wrote:
         | Depends if the game publisher is willing to run the risk of
         | their game getting yanked from sale
        
         | pessimizer wrote:
         | You can also ban games from your platform for even the vaguest
         | suspicion that they contain AI generated assets, or probably
         | even for complaining about the policy.
        
       | [deleted]
        
       | raincole wrote:
       | Random reddit anecdote.
       | 
       | And from 23 days ago.
       | 
       | AND misleading clickbait title.
        
       | scohesc wrote:
       | How would you be able to know if something is AI generated if
       | it's not outright stated in the product description?
       | 
       | "Yes, I intentionally designed the static image of this man to
       | have 5 and a half fingers on one hand with a distorted logo on
       | their t-shirt, please allow this game, Valve."
       | 
       | How can you prove that something is AI generated? Would creating
       | graphics in Adobe's photoshop AI filler tool count as AI-
       | generated content to Valve, or is Adobe's AI data-set using
       | copyright-free graphics?
       | 
       | I wonder if this is Valve trying to also somewhat cater/attract
       | artists on the platform, as I'm sure artists are against using AI
       | under the guise it'd "steal their jobs/hamper creativity".
        
         | mcintyre1994 wrote:
         | I think the idea is that if someone gets sued for the AI art in
         | their game, Steam plans to point to their terms of service and
         | say the legalese equivalent of "they promised us that it didn't
         | have AI art, if they didn't lie to us we wouldn't have hosted
         | their game", and not also get sued.
        
       | bugglebeetle wrote:
       | Seems entirely reasonable. Just because Stability (who seems to
       | be crashing and burning) decided to try and do a Napster for
       | image generation doesn't mean everyone else should run into the
       | lawsuit abyss alongside them.
        
       | seydor wrote:
       | good news for their competitors
        
         | bogwog wrote:
         | Not really, or at least, not yet. If Epic allows AI generated
         | content, it will just attract devs that use AI generated
         | content. I think those are more likely to be shovelware garbage
         | today than anything else.
         | 
         | Until there's a killer/must-have game built with AI content, I
         | don't think this is going to have much of a noticeable impact.
        
       | paulmd wrote:
       | https://i.imgur.com/JWjLFlO.png
       | 
       | now that's how you know when a comments section is gonna be
       | amazing
        
       | ccheney wrote:
       | Seems shortsighted and overly limiting to me. Perhaps in this
       | specific case it makes sense?
       | 
       | What's the difference?
       | 
       | A) Human creates artwork in the style of [insert artist here]
       | 
       | B) Computer creates artwork in the style of [insert artist here]
       | 
       | Both "trained" against existing copyrighted works except one is
       | human. Is this to "save jobs"?
        
       | [deleted]
        
       | alexdeloy wrote:
       | After seeing that Unity Muse[0] AI presentation yesterday and the
       | following backlash regarding the source material[1], this seems
       | to be a huge legal minefield to be solved first.
       | 
       | [0]: https://www.youtube.com/watch?v=dR4IuN2tF78
       | 
       | [1]: https://nitter.net/unitygames/status/1673650585860489217
        
       | slongfield wrote:
       | This doesn't seem to have anything really related to the AI-
       | generation of the graphics--it's 100% about copyright. The
       | statement from Valve even says that explicitly: if this user had
       | owned the copyright to the training data, they would have been
       | fine using the AI generated graphics and text.
        
       | jasonjmcghee wrote:
       | Why editorialize?
       | 
       | "Valve is not willing to publish games with AI generated content
       | anymore"
       | 
       | Your title changes the meaning- they didn't ban games afaict.
       | 
       | It's also a misleading post, as it's specifically GenAI where
       | authors can't prove or don't have rights to content.
       | 
       | If you use ProcGen etc or have full rights to the data used, I
       | can't imagine there would be any issues.
        
         | dwringer wrote:
         | > it's specifically GenAI where authors can't prove or don't
         | have rights to content.
         | 
         | Even more specifically, the author admitted to the images being
         | "obviously AI generated" and Valve alleges that the images
         | themselves in the game's initial submission contained
         | copyrighted third-party content.
        
         | i_like_apis wrote:
         | Yeah this seems like the title should be edited. @dang (not
         | sure how to get his attention)
        
           | dang wrote:
           | @dang is a no-op. The only way to get reliable message
           | delivery is to email hn@ycombinator.com. Fortunately someone
           | did that. I'll take a look at the title situation now.
        
             | [deleted]
        
         | dang wrote:
         | Thanks. The submitted title ("Valve bans games using AI
         | generated graphics or text from Steam") broke the HN
         | guidelines: " _Please use the original title, unless it is
         | misleading or linkbait; don 't editorialize._"
         | 
         | Even the original title seems questionable until properly
         | substantiated, so I've reverted to it plus tacked on a question
         | mark.
        
           | Wouter33 wrote:
           | No bad intentions with the title, was just using "banned"
           | since Valve used it in their response to the Reddit poster.
           | Change it to whatever you think is better! :)
        
             | dang wrote:
             | I haven't followed any of the details so you could well be
             | right (in which case, sorry!)
        
         | schnebbau wrote:
         | [flagged]
        
         | gcampos wrote:
         | > we cannot ship your game while it contains these AI-generated
         | assets, unless you can affirmatively confirm that you own the
         | rights to all of the IP used in the data set that trained the
         | AI to create the assets in your game.
         | 
         | Yep, you are absolutely right.
        
       | hospitalJail wrote:
       | Beginning of the end for Valve. This is a warning shot. Might
       | want to stop buying games on steam sales.
        
       | fyrn_ wrote:
       | Title is very misleading for something that the only the only
       | evidence of is a anecdote from reddit. Was expecting a statement
       | from Valve based on the title
        
       | floomk wrote:
       | So using Adobe Firefly is fine, since they only trained on data
       | they had the rights to?
        
         | acomjean wrote:
         | Yes,
         | 
         | You can assert you own or have the rights to those images,
         | based on your license with Adobe.
        
           | GaggiX wrote:
           | How do you prove that the images where generated using Adobe
           | Firefly instead of SD or MJ?
        
             | delecti wrote:
             | They don't seem to be asking for proof.
             | 
             | > we are declining to distribute your game since it's
             | unclear if the underlying AI tech used to create the assets
             | has sufficient rights to the training data
             | 
             | So it seems that asserting "assets X and Y were generated
             | by tool Z that has rights to its training data" would be
             | sufficient. Presumably AI tools will also start to
             | formalize that declaration alongside their terms of
             | service.
        
               | GaggiX wrote:
               | Are there similar things where you have to declare
               | something that is in no way provable in game development?
               | It feels kinda silly.
        
               | dragonwriter wrote:
               | Yes, its fairly normal for distribution platforms to
               | require you to declare that you have the rights for
               | _everything_ in your game (which is in no way provable),
               | extending it to everything in the training set(s) for the
               | model(s) used for generative AI used is ludicrous, but
               | just amounts to the same thing plus the (almost certainly
               | false) assumption that every work produced by AI
               | generation is legally a derivative work of every work in
               | the training set(s) of the AI model(s) used.
        
               | GaggiX wrote:
               | >which is in no way provable
               | 
               | I guess in that sense it's not provable by the platform,
               | but it is provable by the actual copyright owner if
               | you're infringing one.
               | 
               | What I mean before is that no human can know whether you
               | used Firefly or SD or MJ or some other custom model.
        
         | preommr wrote:
         | Sort of - the person uploading to adobe stock can upload
         | copyrighted material. Adobe will handle copyright claims and be
         | liable up to 10k worth of damages.
        
           | bastardoperator wrote:
           | Only 10K?
        
       | add-sub-mul-div wrote:
       | We're on the cusp of a profound content shovelware crisis. It
       | will happen regardless, but any oasis of real content will become
       | important.
       | 
       | Automation will be a force multiplier for laziness and predation
       | more so than for creativity.
        
         | com2kid wrote:
         | We are also on the cusp of individual developers being able to
         | produce works that used to take entire teams.
         | 
         | I'm working on simulating a small town using Generative AI
         | agents, schedules, social interactions, realistic reactions to
         | outside events, dialogue between characters, the whole shebang.
         | 
         | A year ago that wasn't an "after work side project".
         | 
         | I just did a full launch on
         | https://www.generativestorytelling.ai/ - a side project that
         | was only possible because of AI help. Between art assets and
         | also coding in brand new areas that I hadn't used before, AIs
         | are an obscene boost to what individuals can do.
         | 
         | The price and complexity of software development projects has
         | been increasing for years now, AI is a huge reset on the amount
         | of effort needed to make stuff.
        
           | xk_id wrote:
           | > AIs are an obscene boost to what individuals can do.
           | 
           | Depends what the individual is trying to do. Making memes?
           | Blog spam? Sure. But for non-trivial content I haven't seen
           | an example that was compelling.
        
             | asveikau wrote:
             | I think game art for programmers or people with a game
             | design idea but no visual arts chops is a very fitting use.
             | As would be generating text for such a use, like dialog for
             | an NPC.
        
             | com2kid wrote:
             | > But for non-trivial content I haven't seen an example
             | that was compelling.
             | 
             | ChatGPT helped me write my websocket code, I'd never used
             | websockets before and it saved me hours (of not more) of
             | time learning a new API.
             | 
             | I had a concurrency bug in some code, I threw it at GPT4
             | and asked it what the problem was, a few seconds later it
             | split out a solution.
             | 
             | I had some complex state management code: "Hi this code has
             | an off by 1 error in it, can you find it?"
             | 
             | "My page demonstrates this visual problem, here is the CSS
             | file for the page, what is wrong?"
             | 
             | The color picker component used on my above linked site was
             | 80% written by ChatGPT4.
             | 
             | AI is a huge productivity booster.
             | 
             | Heck I use it to steel man opposing views of my blog posts
             | to try and make sure I have sound arguments.
        
             | [deleted]
        
             | schroeding wrote:
             | In this context: Generative ML models allow e.g. a single
             | motivated writer with almost no budget to make a Visual
             | Novel which they then could publish on Steam (before the
             | policy change) for the world to see.
             | 
             | Write the script yourself, generate and curate 2D art
             | assets, optionally generate and curate your OST / BGM,
             | optionally generate and curate voice lines, put everything
             | into Ren'Py. Done.
             | 
             | It's still very much not easy if you do not want to make
             | shovelware, but it's _possible_ now for a sole developer
             | (or very small team) with no great artistic and musical
             | talent.
        
         | minimaxir wrote:
         | Massive amounts of shovelware on Steam is most definitely not a
         | new phenomenon.
        
           | imdsm wrote:
           | Amazon is more like eBay than eBay now
           | 
           | Steam is like eBay but for low quality games
           | 
           | It happens to them all. There are big games on steam, but 95%
           | of the stuff on there is low value, low cost content
        
         | SV_BubbleTime wrote:
         | >We're on the cusp of a profound content shovelware crisis.
         | 
         | Everywhere. Games, porn, text, articles, music, etc. For the
         | generation that grew up with the internet already existing,
         | this is their epoch moment, lives pre and post generative AIs.
         | 
         | I was thinking the other day that original artworks are going
         | to be far more valued with a glut of AI generated.
         | 
         | Thinking slightly ahead, you can find your absolute favorite
         | artist, and in seconds use their style you love so much to make
         | the family portrait you would never be able to commission them
         | to do. But going forward even more...
         | 
         | It's just not the same as a print right? Well, thanks to AI
         | being able to learn and determine where brush strokes would
         | land, we take advancements from 3D printers and your desktop
         | painting rig picks up a brush and paints it just as the artist
         | would have.
         | 
         | Then going forward even more.. the artist himself needs some
         | cash and knocks out 100 of these customs while they sleep,
         | signs them, and now they are originals, sort of.
         | 
         | So... verifiable originals are going to be the hot thing. A
         | painting with a video of the artist painting it... but not an
         | AI generated video of course!
         | 
         | Maybe the artist will have to print it on location while you
         | watch.
        
           | draugadrotten wrote:
           | > Maybe the artist will have to print it on location while
           | you watch.
           | 
           | For the music industry, this happened already. Artists makes
           | a lot more money from live performances than from album sales
           | or streaming fees.
        
           | pengaru wrote:
           | You must have never seen the original Bladerunner if you
           | found this line of thinking as original...
           | 
           | "you think I'd be working in a place like this if I could
           | afford a real snake?!?"
        
             | xsmasher wrote:
             | To me that implies that real animals are scarce; the price
             | is not related to any kind of "artistic realness."
             | 
             | If they said that hand-crafted robotic snakes were more
             | expensive than run-of-the-mill live-bred snakes, that would
             | support your point about artistic realness.
        
         | crazygringo wrote:
         | > _We 're on the cusp of a profound content shovelware crisis._
         | 
         | No, we've been inundated with low-quality content for decades
         | now. This is nothing new.
         | 
         | Fortunately, ratings and reviews and popularity have always
         | been an extremely effective antidote.
         | 
         | Even if 99% of stuff on a platform is total crap, nobody cares.
         | It's a non-issue. Whether you're talking about music, books, TV
         | shows, or whatever. The 1% rises to the top and you don't
         | honestly need to pay attention to the rest.
         | 
         | If you choose to pay $20 for something that has 3 reviews that
         | are all 1-star, then that's more your problem than the system's
         | problem.
        
           | add-sub-mul-div wrote:
           | > No, we've been inundated with low-quality content for
           | decades now. This is nothing new.
           | 
           | The problem with this argument is that scale matters.
           | 
           | When a small number of people were trading mp3 files on FTP
           | servers it was not seen as a problem. When Napster came out,
           | it was seen as a problem. It was correctly seen as a
           | qualitative shift in the effect it would have on society.
        
           | oehpr wrote:
           | I have to agree reviews work very well. But it distresses me
           | that, knowing the absolute tsunami of garbage that awaits us
           | without it, we are SO laissez faire when it comes to
           | protecting that system. We allow companies to game reviews
           | with kick backs, we lets spammers in posting fake reviews.
           | This is currently our one wall of defense and cracks in it
           | should terrify us.
        
           | asdff wrote:
           | >No, we've been inundated with low-quality content for
           | decades now. This is nothing new.
           | 
           | Trends matter too. If it gets to be an order of magnitude
           | cheaper to shill your products on social media and forums,
           | set up seo crap articles to phish users from search results,
           | or churn out good old fashioned email scams, then expect an
           | order of magnitude worse signal to noise ratio on the
           | internet as a result. There could be a point reached where
           | the internet is functionally broken, with the signal to noise
           | ratio too low to make it useful for anything, save for
           | navigating directly to known good hosts that themselves will
           | become increasingly more lucrative targets for
           | enshittification.
        
         | TOMDM wrote:
         | This has been an issue on Steam for ages, people call them
         | "asset flip" games, because someone can buy a few $10 asset
         | packs and piece together a game out of them.
         | 
         | AI generated content is not meaningfully better or worse than
         | these low effort games, though taking the time to generate
         | passable content with AI is probably a lot more effort than
         | just using $50 worth of assets that are already packaged up for
         | unity.
        
         | newobj wrote:
         | Asset store is still a more effective tool to create shovelware
         | than AI. It's been this way for years. Recommendation systems
         | (digital or otherwise) are already coping with it.
        
       | jncfhnb wrote:
       | Outlast Trials appears to be a fairly large title that utilized
       | AI art. I sincerely doubt it'll get ax'ed
        
       | TheCaptain4815 wrote:
       | I wonder if they'll do the same for Ai generated text? Why
       | shouldn't they honestly. I could easily finetune an LLM on the
       | writings of a certain author or maybe the content of Mass Effect
       | 1-3 and have the outputs be similar.
        
       | FloatArtifact wrote:
       | Basically valve is saying no AI generated content. The premise is
       | that all AI generated content violates copyright which isn't
       | necessarily true. To me, it sounds like their side stepping a
       | potential issue rather than an actual issue with a copyright
       | holder complaining of infringement with a particular IP.
        
         | rileymat2 wrote:
         | They are saying no AI content trained on copyrighted work you
         | don't own. Thats a very different framing.
        
           | FloatArtifact wrote:
           | Yes I can see that now but that seems too broad.
           | Hypothetically if a model's trained on a thousand images only
           | which 10 images are copyright. Does that mean of all images
           | generated violate copyright law...?
        
       | LinuxBender wrote:
       | I do not believe this will be limited to Valve. I expect more
       | companies to start _covering their backside_ by implementing
       | similar rules to avoid copyright lawsuits. I can 't say I would
       | blame them either. I am not a lawyer but I think one of the risks
       | is that LLM's do not show their work so proving where something
       | came from is likely to end up in court after a lot of expensive
       | discovery is performed.
        
       | charles_f wrote:
       | What sounds very weird to me, is that I doubt Valve is verifying
       | the copyright for all the graphics and text you submit. Why would
       | they reject something because "it looks AI generated"? The
       | potential for legal hazard is probably less on these re-mashed
       | works than on purely copy-pasted content.
        
       | deskamess wrote:
       | Interesting... what would an AI trained only on the
       | Commons/public domain be like? Would it be a clean source for new
       | images? And would new images need to inherit a public/Commons
       | license (GPL style)?
        
         | Kuinox wrote:
         | > And would new images need to inherit a public/Commons
         | 
         | Well first we need to know if using images for AI training can
         | be considered fair use.
        
         | Kiro wrote:
         | I thought Adobe Firefly did that.
        
           | xsmasher wrote:
           | And some non-public-domain images of their own.
           | 
           | > The current Firefly generative AI model is trained on a
           | dataset of Adobe Stock, along with openly licensed work and
           | public domain content where copyright has expired.
        
       | Havoc wrote:
       | >I improved those pieces by hand, so there were no longer any
       | obvious signs of AI
       | 
       | Steam's objection is other copyright even indirectly in the AI
       | training dataset and to _remove_ it, not to conceal the issue
       | better.
       | 
       | Tricky copyright questions aside, inability to follow basic
       | instructions is definitely a disadvantage when going through
       | approval processes
        
       | cinntaile wrote:
       | This opens up one hell of an opportunity for Epic or a startup.
        
         | add-sub-mul-div wrote:
         | As I understand it, Epic already has a smaller and more curated
         | catalog by intention. They're already trying to keep out the
         | tens of thousands of low quality and hobbyist titles.
        
       | al_be_back wrote:
       | copyright issues aside, a platform has to consider 'spam', AI
       | generated content could quickly and easily overwhelm a platform.
        
       | samstave wrote:
       | We need an "AI generated web game tower defense" FULL FN STOP.
        
       | euix wrote:
       | Midjourney has been really helpful to me as a one man dev. I can
       | mockup art much faster then what I can do in photoshop. I still
       | intend to at some point do a complete pass using a professional
       | artist (or learn to draw myself) - because generative art is not
       | consistent thematically from asset to asset. But if I just want
       | to see what my tile assets look like if they were all done in
       | 30's art deco style, I can do it in 20 minutes.
       | 
       | As placeholders or to create little bits and doodles (like a
       | mouse cursor in the style of an armored fist), there are lots of
       | little graphical icons in a game that would other have to be
       | created by a graphical artist. Generative art is really useful in
       | my experience.
       | 
       | It's reduced the work to the point where I can toy with it in my
       | off time and spend most of my effort in the actual programming
       | and development.
       | 
       | The other idea I have toyed with, coming from professional ML
       | experience - was to build my own generative model and use it to
       | create my own art assets. Here I wonder how the copyright rules
       | would work - would the assets I train on be subjected to
       | copyright? This is a much bigger conversation at that point and I
       | wont be the only one affected.
        
         | kitsunesoba wrote:
         | Yeah I don't see too much issue in using generative art for
         | more trivial things, like some banner art to sit atop a
         | blogpost or something. Placeholders also seem like a really
         | good application, particularly for cases where the
         | randomization might expose issues that real users would face. I
         | wouldn't have spent money on these things anyway.
         | 
         | Direct incorporation of generative art into a commercial
         | product is much more murky.
        
         | c-hendricks wrote:
         | And no one is trying to take that away from you. You are using
         | it as a tool, and intend to pay someone to create the final
         | version, or do it yourself.
         | 
         | The issue people have is when you just use a dataset trained on
         | someone else's work and pass it off as your own, and in the
         | case of Steam games, most likely profit from it.
        
           | valine wrote:
           | What if I look at other people's art and learn from it? Seem
           | unfair to pass that work off as my own. All artists should be
           | banned from looking at copyrighted images, we can't risk them
           | incorporating copyrighted elements into their own work. /s
        
             | Jolter wrote:
             | That's not a good analogy and you should know it.
        
               | valine wrote:
               | It's a terrific analogy. The alternative is to believe
               | that a 5GB model somehow contains a database of 160
               | million images.
        
               | TillE wrote:
               | It's a fine _analogy_ , but the map is not the territory.
               | Machine learning is not human learning, even if it works
               | in a vaguely comparable way.
               | 
               | It's still a computer program that uses an enormous
               | amount of copyrighted work as its input.
        
               | greysphere wrote:
               | "With four parameters I can fit an elephant, and with
               | five I can make him wiggle his trunk"
               | 
               | It seems like you could calculate how much data is within
               | X% error of a 5GB model, and what X% should be for
               | 'visual data'.
               | 
               | I bet it's pretty big.
        
       | pessimizer wrote:
       | Not only does this keep them safe from copyright fallout, I think
       | its real goal is to hold back a flood of shit games until the
       | tech matures.
        
       | tuckerpo wrote:
       | I imagine this is a stopgap measure until there's more concrete
       | legislature in place for AI generated IP.
        
       | newobj wrote:
       | Fake story, guaranteed
        
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