Open AI OASIS

The AI-generated revolution and the challenges in the game dev industry (and beyond).

What is and what opportunities does artificial intelligence (AI) offer under the Open AI Oasis, and how does AI regulation change the rules of the game from a legal perspective?

Source: www.oasis.decart.ai/introduction

AI – from experimentation to revolution in more industries

Artificial intelligence (AI) is increasingly boldly entering more industries and sectors. Not long ago, there were huge (but mixed) excitement about language models based on machine learning/deap learning: ChatGPT, designed by OpenAi, or the increasingly popular Gemini from Alphabet (owner of Google), which have now become part of the canon of standard tools used by businesses in virtually all industries. There is equal excitement about graphical tools using AI (such as Midjourney, DALL-E3 or Canva AI Art Generator).

The basic questions that arise in this thread are: will they replace graphic designers and artists? And another, also crucial: is it good for the world/creative industry?

In recent days, numerous discussions have been sparked by the Spanish fashion chain Mango, which has decided to replace some models with those generated by artificial intelligence. ‘It’s about creating content faster,’ said CEO Toni Ruiz. Mango thus joins other brands such as Levi Strauss & Co., Louis Vuitton and Nike, which have already partnered with AI modelling companies. The financial benefits are obvious – as the use of AI goes well beyond marketing and advertising. For example, it helps to design collections, providing inspiration for fabrics and more.

‘The bot is now able to create clothes in line with Mango’s design aesthetic,’

– Ruiz, quoted earlier, said.

AI in the game dev industry

AI has already entered the games industry as well (despite the numerous negative evaluations and feelings of some players). And it is not just a matter of supporting their production process with, among other things, the aforementioned tools or ‘automating’ the creation of game lore or the story itself. We are already talking about games generated by AI in real time – depending on the player’s preferences or decisions.

In particular, the creative aspect, a kind of ‘x-factor’, which is supposed to distinguish masterpieces, true ‘gems’ (requiring human emotion or thought) from games written by a ‘machine’, is up for debate. Comparisons are often made to series or films (especially so-called ‘blockbusters’), which are not intended to have a typically artistic value, but simply to tick off a list of items that modern audiences (according to trends) simply want to watch. If some film projects are written in this way by humans (going by the points on the list that the studio imposes), then the natural next step seems to be to outsource this to increasingly sophisticated AI.

Source: www.oasis.decart.ai/starting-point

Open AI OASIS – the first fully private, real-time AI-generated project

Not so long ago, would we have been able to imagine that any of the generative AI models on the market would manage to generate something that could be called a ‘game’? Working together: Etched and Decart, which specialise in AI, have released the first fully playable project called ‘Open AI OASIS’. This game is based on AI generating video, but unlike the competition, it creates a frame-by-frame image based on user interaction. The image is rendered in real time at 20 frames of animation per second.

‘Oasis is the first step in our research into more complex interactive worlds,’

– write the producers.

Open AI OASIS is reminiscent of Minecraft at first glance (not without reason). So we can move around in it, build, influence blocks and use equipment. The model was trained using Diffusion Forcing on a huge dataset from Minecraft using OpenAI open source code. ’

Open AI OASIS can be customised to generate a wide range of new maps, games, features and modifications with limited additional training”

– claim the developers.

According to the creators (and comments from the market), this is only a foretaste of what lies ahead. In the future, we will be able to ‘animate’ any image. Already, many creators see huge potential for AI in interactive videos, which will be able to bring much more advanced, if only graphically advanced, worlds to life than that of Minecraft (which has won the hearts of gamers with, among other things, its graphical simplicity, yet offers virtually unlimited creative possibilities). Open AI OASIS itself attracted so much interest that, in just over three days of its launch, it managed to attract one million unique players testing this demo version.

Open AI OASIS brings new opportunities for players

For the time being, the game seems to be more of a curiosity (while already offering a surprisingly large number of possibilities), which will be developed further, especially once it has the support of the community. However, it seems only a matter of time before there is a rash of clones or titles inspired by the idea itself. In time, there will probably be fully-fledged (no longer purely experimental) titles based on similar premises. Are they the future of the industry and can they creatively replace game developers (and capture that ‘x-factor’)? Voices are, as usual, divided and it is hard to give a definite answer here at this stage – with the industry (and AI tools) evolving so rapidly.

It is certainly not a phenomenon that can be downplayed (as Kodak once did with digital photography). After all, who among gamers has not dreamt at least once of becoming the creator of a dream game, developed according to their own expectations and preferences? To some extent, this function was fulfilled by mods (game modifications) created by the gaming community, changing certain elements of the game: from outfits or the appearance of weapons, to changing certain mechanics (often those annoying the players) and developing the plot line itself. This could be an ideal option for the game dev community, especially for those who are not interested in mods in their current form – because they do not have the knowledge, skills, time, etc. to create mods on their own. An AI module, implemented in the game, would suffice here, where players would simply type in certain prompts and, within a certain (probably ever-widening framework), get what they ‘dream of’.

Law in gaming – how do AI regulations change the rules of the game?

And this is where the standard issues for AI classically arise (because they must), in particular the issues of setting ethical and legal boundaries for such interference and the development of a given product. In particular, copyright (who will be the author and to what extent?), issues of personal data (we assume that a given product learns from the player and can process the player’s data in many fields) or liability for content generated in this way (especially if it violates certain laws or rules; so-called ‘ unlawful content’).

It seems that the issue of protecting against excessive interference with such code or intellectual property of game dev studios will become even more difficult. Although there is a growing trend in the market (going hand in hand with the aforementioned ‘revolution’) to standardise production, even of the biggest games, on a common engine developed by many game dev studios. A key and prominent one in recent years has been the one created by EPIC Games: the Unreal Engine. This one, in its latest version ‘5 ’, will be used, for example,in CD Projekt RED’s latest games (which may be related to RedENGINE’s problems with Cyberpunk 2077).

Open AI OASIS and the law

The legal documents available on the Open AI OASIS website are, for the time being, very standard (the Terms of Use itself subject to New York State law) and do not adequately address many of these issues. The law will cover and regulate these issues in increasing detail – that much is certain. It already raises many questions to which there is no clear answer (so these issues are regulated contractually, and even here they raise many questions).

We are watching the development of AI with great curiosity, including in game dev. The coming years seem to be a period in which the application and impact of AI on the game dev industry (and beyond) will exclusively progress. At what pace and to what extent? This is something we are unable to predict.

If you are struggling with similar issues and are looking for answers to key legal questions (because, for example, you want to use AI in your business, not just in game dev), we would be happy to support you in these matters – also in our practice both #AI and #game dev are the subject of numerous studies, contracts and implementations for our clients.

Feel free to contact us!

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Wojciech Kostka

Specialises in new technology law, real estate, IT, intellectual property, data protection, e-commerce and business and M&A law.

He has been involved in the GameDev industry for many years, where he has gained valuable practical experience as an enthusiast in this field. Considered one of the most experienced legal experts in the GameDev sector in Poland, he is the author of many publications on GameDev law. He currently serves as Vice Chairman of the Supervisory Board of Techland S.A., where some of the world’s most anticipated games are developed.

He advises on strategic projects, negotiating key domestic and international trade and investment agreements. He has extensive experience in the e-commerce industry. Actively supports clients in data protection projects in the operations of Polish and global capital groups (including international data flows).

Sources:

• www.oasis.decart.ai
• www.wirtualnemedia.pl
• www.gry.interia.pl