| That's trademark, not copyright. I never said it was copyright. Please readjust your mental model of who you're speaking to accordingly. If you carefully tuned your program to create a single result you found best that might be copyrightable. How is this different than carefully tuning your program to create a range of results with specific attributes? Example: All of the generated landscapes are aesthetically pleasing, but have enough open area next to obstacles to enable ambushes and also manage to look creepy at night... Such a result might indeed take That doesn't make it copyrightable. I'm saying that it should. IP laws date from a time where the kind of automation that makes the above possible was unthinkable. The assumption that an act of creation would result in a particular set of data is no longer warranted. Neither is the assumption that the automatic production of art is either not possible or would result in uninteresting and stereotypical output. Not following. Does "cheap data storage" make a difference? How are you "slurping" the output? What sort of program is it? Specifics aren't needed, but "cheap data storage" makes it possible to store the entire content of certain procedurally generated algorithms from earlier computer systems as files of ordinary size on today's typical machines. (Example: The entire Elite universe.) And what's the problem? The procedurally generated MMO world is not copyrightable. That's the intended effect - to only copyright what a person actually does. I'm saying that this very notion dates from a time when procedurally generated output was unimaginable to most people, and that to only copyright what a person actually does is trying to apply 19th century notions to 21st century technology. It's just like the early 20th century arguments for airlines having to pay farmers to overfly their land. |
How can you extend copyright to include such a thing? Presumably you don't want to - but it on you to somehow distinguish between them.
Also, pre-computer automation was not as impossible as you might think, some examples: A double pendulum with a pen, a spirograph, a sand bucket on a rope, a spinning top with paint.
And see this reply from someone else: https://news.ycombinator.com/item?id=8032980 - generated artwork has existed before computers, and it is not copyrightable.
I have not completely decided if I would agree with your proposal or not, you would need to be much more specific about the limits of where copyright would not apply. Because as broad as you make it sound I would not agree, but if more limited then maybe.