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Top EU Court’s Advisor Explains Why Video Game Cheats Are Not Copyright Infringement
(www.techdirt.com)
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Well, I think both are human creation, you are using the machine and the game to create something new. In that sense, a save game file could also be under the players copyright. Lets say a Minecraft world for instance.
What this is saying is that the Minecraft world would not be under copyright, but anything the player built in that world would be. So you can't copyright the world itself, but you can copyright any human-made constructions in that world.
This is wholly preferable to the alternative options which could result in things like being able to copyright AI-generated works (applying his logic to AI, they're basically saying you can copyright any edits to an AI-gen image, but not the image itself because that was AI-gen).
I meant minecraft world file which stores the chunks the player explored and potentially modified. And I said "could" not "must", it depends on if hits a certain creative threshold.
If the player decides to teleport around while creating a dickbud or whatever by just the explored chunks, that could meet it.
If someone selectivly openes quests to use the open quest markers on a map in an RPG to create a dickbud, that cloud meet it as well.
The save game could tell your individual story through the game, that cloud meet the threshold as well.
Also, because the unmodified minecraft world is randomly generated, it would not be under anyones copyright.
With AI, there could also be made an argument that the selection process might make it copyrightable. Like if you take a picture of a interesting looking cloud. The clouds might be semi-random, but you selecting a specific one reaches the threshold.