You are allowed to use copyrighted content for training. I recommend reading this article by Kit Walsh, a senior staff attorney at the EFF if you haven’t already. The EFF is a digital rights group who most recently won a historic case: border guards now need a warrant to search your phone.
The comparision doesn’t work. Because the AI is replacing the pencil or other drawing tool. And we aren’t saying pencil companies are selling you Mario pics because you can draw a Mario picture with a pencil either. Just because the process of how the drawing is made differs, doesn’t change the concept behind it.
An AI tool that advertises Mario pcitures would break copyright/trademark laws and hear from Nintendo quickly.
The problem is that you might technically be allowed to, but that doesn’t mean you have the funds to fight every court case from someone insisting that you can’t or shouldn’t be allowed to. There are some very deep pockets on both sides of this.
That’s not it going both ways. You shouldn’t be allowed to use anyone’s IP against the copyright holders wishes. Regardless of size.
Nah all information should be freely available to as many people as practically possible. Information is the most important part of being human. All copyright is inherently immoral.
I’d agree with you if people didn’t need to earn money to live. You can’t enact communism by destroying the supporters of it. I fully support communism in theory, we should strive for a community based government. I’m also a game developer and when I make things I need to be able to pay my bills because we still live in capitalism.
No, it’s about if you make a game that’s worse or off-brand. If you make a bunch of Mario games into horror games and then everyone thinks of horror when they think of Mario then good or bad, you’ve ruined their branding and image. Equally, if you make a bunch of trash and people see Mario as just a trash franchise (like how most people see Sonic games) then it ruins Nintendo’s ability to capitalize on their own work.
No one is worried about a fan-made Mario game being better.