The Future of Copyright: AI + Bots = Surprise. Disappeared Mario Content.

October 4, 2024

This essay is the work of a dumb dinobaby. No smart software required.

Did famously litigious Nintendo hire “brand protection” firm Tracer to find and eliminate AI-made Mario mimics? According to The Verge, “An AI-Powered Copyright Tool Is Taking Down AI-Generated Mario Pictures.” We learn the tool went on a rampage through X, filing takedown notices for dozens of images featuring the beloved Nintendo character. Many of the images were generated by xAI’s Grok AI tool, which is remarkably cavalier about infringing (or offensive) content. But some seem to have been old-school fan art. (Whether noncommercial fan art is fair use or copyright violation continues to be debated.) Verge writer and editor Wes Davis reports:

“The company apparently used AI to identify the images and serve takedown notices on behalf of Nintendo, hitting AI-generated images as well as some fan art. The Verge’s Tom Warren received an X notice that some content from his account was removed following a Digital Millennium Copyright Act (DMCA) complaint issued by a ‘customer success manager’ at Tracer. Tracer offers AI-powered services to companies, purporting to identify trademark and copyright violations online. The image in question, shown above, was a Grok-generated picture of Mario smoking a cigarette and drinking an oddly steaming beer.”

Navigate to the post to see the referenced image, where the beer does indeed smoke but the ash-laden cigarette does not. Davis notes the rest of the posts are, of course, no longer available to analyze. However, some users have complained their original fan art was caught in the sweep. We learn:

“One of the accounts that was listed in the DMCA request, OtakuRockU, posted that they were warned their account could be terminated over ‘a drawing of Mario,’ while another, PoyoSilly, posted an edited version of a drawing they said was identified in a notice. (The new one had a picture of a vaguely Mario-resembling doll inserted over a part of the image, obscuring the original part containing Mario.)”

Since neither Nintendo nor Tracer responded to Davis’ request for comment, he could not confirm Tracer was acting at the game company’s request. He is not, however, ready to let the matter go: The post closes with a request for readers to contact him if they had a Mario image taken down, whether AI-generated or not. See the post for that contact information, if applicable.

Cynthia Murrell, October 4, 2024

Written by Stephen E. Arnold · Filed Under Business process, Copyright, News

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Stephen E. Arnold monitors search, content processing, text mining and related topics from his high-tech nerve center in rural Kentucky. He tries to winnow the goose feathers from the giblets. He works with colleagues worldwide to make this Web log useful to those who want to go "beyond search". Contact him at sa [at] arnoldit.com. His Web site with additional information about search is arnoldit.com.