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Cake day: June 13th, 2023

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  • Because fair use is an affirmative defense to copyright infringement. To use a fair use defense you have to admit your work is infringing, but argue that the infringement is justifiable.

    Trying to defend the AI with fair use requires you to admit the AI itself is infringing, but justifiable, and by the doctrine of fair use, it is almost certainly not.

    Only humans can hold copyrights. Your example would be a non-infringing work because it lacks direct copying. An AI doing the same would make an uncopyrightable work, with the AI itself being infinging if you tried the fair use defense.


  • Fair use is a legal doctrine relating to derivitave works based on copyrighted works. An AI model’s fair use determination would be judged by the same standards and all derivative works.

    It doesn’t matter how they used the copyrighted works. This factor is about scale not intent.

    There are four factors, and no single factor is determinative. But admitting their model uses as much training as possible makes their model less likely to be fair use.


  • Hildegarde@lemmy.worldtoTechnology@lemmy.world*Permanently Deleted*
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    6 months ago

    One of the four fair use factors is the portion of the copyrighted work that was taken. For a finding of fair use under this factor, the infringing work must only take the amount of copyrighted material needed for the infringing work’s purpose.

    If they ripped every single file they have access to, there’s no way to be found as fair use under this factor. If they argue they were using a curated list of only the works they needed to develop their model it could be fair use, but admitting to taking every possible work in their entirety is a surefire way to fail a fair use defense.


  • whether a game is “dead” or not only really matters for online games with matchmaking. If a game requires a large playerbase to function, like an MMO or a matchmaking based competitive game, the game can die. This doesn’t apply to single player or small scale coop games.

    Anyone will get the full single player game experience even if they are the only one playing. If the game has multiplayer, like coop or vs play where the expectation is that you will find the person who you will play with, the game cannot die.

    Calling palworld a dead game is just as nonsensical as calling starfield dead because of a lower playercount. It literally doesn’t matter for this kind of game.








  • They will be using CGI characters, but it sounds like they hope to do a better job of it this time around. The 90s digital camera footage would be unusable for a modern game, beyond recasting and refilming I don’t see any other feasible way to make the FMV not look out of place in a modern game.

    From gameinformer

    One of the biggest technical challenges for Anderson and Gamiel has been bringing Riven’s characters back to life. The original game featured live-action video performances by several actors, including Rand Miller as Atrus, Sheila Goold and Regina Altay as his wife Catherine, and Royal Shakespeare Company alumnus John Keston as his father Gehn.

    But it’s literally impossible to graft a 2D video from 1997 into a real-time, high-resolution 3D environment. Cyan’s previous remake, 2021’s award-winning VR and PC version of Myst, featured computer-generated characters in lieu of the original live-action performances. “It was… an experiment,” Miller laughs, but for the new Riven, Cyan hired a full-time animation lead, Autumn Palfenier, to raise the uncanny valley.

    “For Gehn, we tried analyzing the [old] video and tracking certain features, but the resolution was so low, and it’s not even a full shot, so it just wasn’t doable,” Anderson says. Instead, they’ve been filming performances in Cyan’s basement using motion-capture technology.

    “I can say on the record that this is a union production with SAG-AFTRA,” Gamiel says, referring to the same labor guild that represents Hollywood actors. “We wanted to get some incredible talent into this game.”

    She won’t tell me who’s playing who but does confirm that Miller will return as Atrus and that the studio managed to salvage an old audio recording of John Keston, who died from COVID-19 complications in February 2022 at the age of 97. “We had an actor study John’s performance and then do it in sync with the original audio, so we got Gehn’s full body,” Anderson says. They show me a work-in-progress close-up of Gehn’s face, which exceeds my expectations.