A game: from hope to distress (copyright law/adaptation /novel/AI.Sora)
A game: from hope to distress (copyright law/adaptation /novel/AI.Sora)
Li Dongtao
Description: the expression of an idea can’t be limited by the concrete words and names.
A. The case
Advancing in high hopes…
My mind fell into distress.[1]
This is a case about “from hope to distress”.
The plaintiff is a writer.
The defendant is a .com company.
In 2002, the plaintiff wrote a novel and licensed a publishing house to publish it nationwide in 10 years.
The novel became very popular quickly after publication. LDT
In 2013, the plaintiff found the novel was adapted into an online game developed by the defendant. The game indeed was an ad for a car company: play the game, buy a car at a discount.
Compare the novel with the game, similar in story backgrounds and scenes, but with different words and names of characters.
The plaintiff sued the defendant for copyright infringement.
The defendant argued that the copyright infringement was not established because the content of the plaintiff’s novel was not copied.
The court ruled that the copyright infringement was established because the story backgrounds and scenes were the essence of the plaintiff’s novel and the defendant’s adaptation was without his permission.
In short, advanced in high hopes, fell into copyright infringement.
B. AI.Sora: where do you come from?
On February 15, 2024, the world was shocked by Sora.
Sora is OpenAI’s text-to-video model. A user writes a prompt, Sora can generate videos up to a minute long while maintaining visual quality.
Create video from text, marvelous.
To achieve this purpose, no doubt, Sora needs lots of video data.
What’s the source of Sora’s training data?
“I’m not going to go into the details of the data that was used, but it was publicly available or licensed data.” OpenAI chief technology officer Mira Murati gave an answer.[2]
A murky answer.
[1] A Game Of Chess POEM by K R Balakrishnan at www.poetry.com/poem/106064/a-game-of-chess
[2] OpenAI’s Sora text-to-video generator will be publicly available later this year By Emma Roth at www.theverge.com/2024/3/13/24099402/openai-text-to-video-ai-sora-public-availability
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