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Sorry it made me vom I have a vendetta!

My counter argument for a dev in that instance would be that was a passive not active tool 'use' and thus does not trigger the wording to warrant a breach, but you're getting how annoying it is to contract draft around this these days! I hate it lol

So theoretically yes, your example could be a breach. With these provisions I often try to isolate so only generative ai (not simple ai tools) are a breach and educate my clients on not using gen ai whatsoever in their development process without pub consent to be safe

Both examples are blanket obligations covering all game development obligations, and one specifically also states its not just generative but 'any other artificial intelligence tools'. Both require pub's consent before using any tool, and have an approval process for showing the tool before use.

big stinky corpos want us to think all the small corpos love gen ai. but this is because big stinky corpos are the ones selling the gen ai! and really, all the small corpos hate it and think it is stinky

Guess what reviewed two more Publishing Agreements today and they both had a no gen ai clause, the streak continues

Copyright and licensing issues are a major concern with generated assets. A good chunk of the agreement is ensuring developer has the rights to valid licenses to all materials in the Game, and pure AI generated assets cannot be assigned, it's similar to copy-left trepidations

its case by case but more often then not an AI tool that is generative whatsoever requires prior written approval so you'd have to share the use case with the pub and they'd have to consent

Generative AI specifically usually. Most are fine with standard AI tools. Search functions, ordering of information etc. the issue arises if the AI is generating assets and in my experience it is a blanket requirement not exclusive to art

👏🏻👏🏻👏🏻👏🏻👏🏻

(Great article by Austin I highly recommend!)

The reality is good publishers do NOT want to fuck with gen AI. Only a year ago gen AI clauses were common but not guaranteed. Now, they are boilerplate. If you use gen AI in your game, a good publisher will not want to work with you. If you hear otherwise, someone if trying to sell you something.

What if I told you that all of the Publishing Agreements I have reviewed in the last 6 months (several dozen) included a no gen AI provision, wherein the use of gen AI in development is a material breach, but companies like Epic and EA are still trying to convince us the industry is cool with it

i LOVE YOU THE MOST REGAN!!!!

ur memes are so special to me

THANKS BLAKE LOVE YOU!!

Thank you!!! :)

Thanks y'all been a good run

Thank you everyone! You’re all so sweet!

I take it back!!!!