Nintendo is renowned for its aggressive defense of intellectual property, encompassing iconic characters like Mario and the vast Pokémon universe. The recent unveiling of OpenAI`s Sora 2, an AI-powered video and audio generation tool, has conspicuously featured numerous Nintendo characters. This extensive inclusion appears to be challenging Nintendo`s strict IP policies, potentially setting the stage for legal action from the Japanese gaming giant. Sora 2 allows users to create videos from descriptive prompts, similar to how AI image generators function.
The New York Times reported that OpenAI has contacted significant copyright holders and Hollywood celebrities regarding the retroactive removal of their content from Sora 2. However, it remains uncertain if Nintendo received a similar outreach. The substantial quantity of Sora 2 creations inspired by Pokémon and Mario strongly indicates that the AI model was extensively trained using Nintendo`s intellectual property.
Beyond Nintendo`s properties, Sora 2 also appears to have incorporated other intellectual properties, such as elements from Tony Hawk`s Pro Skater and Portal, merging them into new generated content.
The critical question now is how Nintendo will react. Given that Nintendo pursued legal action against AI-generated Mario images just a year prior, it is highly improbable that they will overlook Sora 2`s use of their IP, especially considering their well-established reputation for litigation.
Earlier this year, reports indicated that Disney was in discussions with OpenAI; however, Disney ultimately opted to sue Midjourney over alleged misuse of its movies and images. Similarly, George R.R. Martin and several other authors have also filed lawsuits against OpenAI.
Although an increasing number of Japanese game publishers are integrating AI into their development processes, AI startups like OpenAI and Midjourney are generally operating without formal partnerships with the copyright holders whose content they utilize. Nintendo, in contrast, has adopted a prudent stance on AI. Shigeru Miyamoto has publicly stated that Nintendo will not hastily adopt AI technologies like some other developers. Doug Bowser, the outgoing president of Nintendo of America, acknowledged AI`s potential role in game creation but emphasized the crucial need to preserve a “human touch” in the development process.