Game Publisher Bans Working With Devs That Use Any AI, Rather Than Banning Bad Uses Of AI
I’m going to start this post off with two rhetorical questions.
- Do you believe that the use of AI should be free and unfettered in the video game industry and will certainly and overwhelmingly be a positive good for the industry generally?
- Do you believe that AI should be banned and never used in the video game industry because it can only produce slop and result in job loss in the industry generally?
My position is simple: anyone answering “yes” to either of those questions is out of the conversation when I’m involved. Dogmatic approaches like those aren’t right, they’re not smart, they’re not helpful, and they will never produce any progress or interesting discussion. They’re a sort of religious beliefs pointed at a terrestrial industry and they make no sense.
And now let me add a rhetorical statement of my own, so that there’s no misunderstanding: every game publisher and developer out there is free to make their own decisions regarding AI, full stop. I’m here to talk, not to make demands.
Now that that’s out of the way, let’s talk about indie publisher Hooded Horse and its “zero AI” policy that it has written into its developer contracts. CEO Tim Bender spoke with Kotaku recently on the topic and he certainly didn’t hold back.
The label he helps run as CEO, Hooded Horse, struck gold after signing the medieval base-builder mega hit Manor Lords, but its library of published games has grown far beyond it in the past two years with releases like the Lego-like tower-defense game Cataclismo, the economic management sim Workers & Resources: Soviet Republic, and the 4X sequel Endless Legend 2. Being strategy games isn’t the only thing they all have in common. They also all adhere to a strict ban on generative AI art.
“I fucking hate gen AI art and it has made my life more difficult in many ways…suddenly it infests shit in a way it shouldn’t,” Bender told me in a recent interview. “It is now written into our contracts if we’re publishing the game, ‘no fucking AI assets.’”
Now, if Bender says this has made his life more difficult, I’m going to choose to believe him. Honestly, I can’t imagine why he’d lie about something like that.
But he’s also clearly answered “yes” to rhetorical question #2 I posted above. And I just don’t understand it as a long term contractual policy. If AI largely sucks right now in the gaming industry, and I agree there’s a lot of bad out there, that doesn’t mean it will in the future. If AI has the capability to take some jobs in the industry today, that doesn’t mean it can’t create jobs elsewhere in the industry as well. If some applications of AI in the gaming industry carry with it very real moral questions, that doesn’t mean that every use does.
But when you really dig into Bender’s stated concerns that have led him to a blanket ban on the use of any AI by partner developers, you quickly understand his actual concern is a quality control concern.
“We’ve gotten to the point where we also talk to developers and we recommend they don’t use any gen AI anywhere in the process because some of them might otherwise think, ‘Okay, well, maybe what I’ll do is for this place, I’ll put it as a placeholder,’ right?” continued Bender.
“Like some, people will have this thought, like they would never want to let it in the game, but they’ll think, ‘It can be a placeholder in this prototype build.’ But if that gets done, of course, there’s a chance that that slips through, because it only takes one of those slipping through in some build and not getting replaced or something. […] Because of that, we’re constantly having to watch and deal with it and try to prevent it from slipping in, because it’s cancerous.”
It’s the Larian Studios concept art discussion all over again. Bender doesn’t seem to have an actual problem with developers using AI in developing a game. Instead, it appears he doesn’t want any AI-made product ending up in the finished game. Those are two very different things. But rather than trying to figure out how to QC the developers to make sure the end product is clean of AI, since that seems to be what Bender is after, we get a blanket ban on all AI use everywhere, all the time, by the developers.
Now, to keep things clear, my position is that Bender certainly can do this if he likes. It’s his company, have at it. But when I read this…
“When it comes to gen-AI, it’s not a PR issue, it’s an ethics issue,” Bender said. “The reality is, there’s so much of it going on that the commitment just has to be that you won’t allow it in the game, and if it’s ever discovered, because this artist that was hired by this outside person slipped something in, you get it out and you replace it. That has to be the commitment. It’s a shame that it’s even necessary and it’s a very frustrating thing to have to worry about.”
…I’m left with the impression that I’m listening to someone devoid of nuance reciting a creed rather than fully thinking this through.
AI will be used in gaming. To borrow a phrase, it’s a very frustrating thing to have to even state. It’s tough to get more obvious than that. The question and the conversation, as I keep saying, is about how it will be used, not if it will be used.
And people like Bender have exited that conversation, which is too bad. He’s clearly a good businessman and smart industry guy. We need his voice in the discussion.