One of the reasons that today’s copyright is such a bad fit for the modern digital world is that its roots lie deep in 18th-century law and analogue objects like books. This fact has created a kind…
This makes sense to me, and is in line with recent interpretations about AI-generated artwork. Basically, if a human directly creates something, it’s protected by copyright. But if someone makes a thing that itself creates something, that secondary work is not protected by copyright. AI-generated artwork is an extreme example of this, but if that’s the framework, applying it to data newly generated by any code seems reasonable.
This wouldn’t/shouldn’t apply to something like compression, where you start with a work directly created by someone, apply an algorithm to transform it into a compressed state, and then apply another algorithm to transform the data back into the original work. That original work was still created by someone and so should be protected by copyright. But a novel generation of data, like the game state in memory during the execution of the game’s programming, was never directly created by someone, and so isn’t protected.
This makes sense to me, and is in line with recent interpretations about AI-generated artwork. Basically, if a human directly creates something, it’s protected by copyright. But if someone makes a thing that itself creates something, that secondary work is not protected by copyright. AI-generated artwork is an extreme example of this, but if that’s the framework, applying it to data newly generated by any code seems reasonable.
This wouldn’t/shouldn’t apply to something like compression, where you start with a work directly created by someone, apply an algorithm to transform it into a compressed state, and then apply another algorithm to transform the data back into the original work. That original work was still created by someone and so should be protected by copyright. But a novel generation of data, like the game state in memory during the execution of the game’s programming, was never directly created by someone, and so isn’t protected.