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Dear Taylor Swift: There Are Better Ways To Respond To Trump’s AI Images Of You Than A Lawsuit

We’ve written a ton about Taylor Swift’s various adventures in intellectual property law and the wider internet. Given her sheer popularity and presence in pop culture, that isn’t itself particularly surprising. What has been somewhat interesting about her as a Techdirt subject, though, has been how she has straddled the line between being a victim of overly aggressive intellectual property enforcement as well as being a perpetrator of the same. All of this is to say that Swift is not a stranger to negative outcomes in the digital realm, nor is she a stranger to being the legal aggressor.

Which is why the point of this post is to be something of an open letter to Her Swiftness to not listen to roughly half the internet that is clamoring for her to sue Donald Trump for sharing some AI-generated images on social media falsely implying that Swift had endorsed him. First, the facts.

Taylor Swift has yet to endorse any presidential candidate this election cycle. But former President Donald Trump says he accepts the superstar’s non-existent endorsement.

Trump posted “I accept!” on his Truth Social account, along with a carousel of (Swift) images – at least some of which appear to be AI-generated.

One of the AI-manipulated photos depicts Swift as Uncle Sam with the text, “Taylor wants you to vote for Donald Trump.” The other photos depict fans of Swift wearing “Swifties for Trump” T-shirts.

As the quote notes, not all of the images were AI generated “fakes.” At least one of them was from a very real woman, who is very much a Swift fan, wearing a “Swifties for Trump” shirt. There is likewise a social media campaign for supporters from the other side of the aisle, too, “Swifties for Kamala”. None of that is really much of an issue, of course. But the images shared by Trump on Truth Social implied far more than a community of her fans that also like him. So much so, in fact, that he appeared to accept an endorsement that never was.

In case you didn’t notice, immediately below that top left picture is a label that clearly marks the article and associated images as “satire.” The image of Swift doing the Uncle Sam routine to recruit people to back Trump is also obviously not something that came directly from Swift or her people. In fact, while she has not endorsed a candidate in this election cycle (more on that in a moment), Swift endorsed Biden in 2020 with some particularly biting commentary around why she would not vote for Trump.

Now, Trump sharing misleading information on social media is about as newsworthy as the fact that the sun will set tonight. But it is worth noting that social media exploded in response, with a ton of people online advocating Swift to “get her legal team involved” or “sue Trump!” And that is something she absolutely should not do. Some outlets have even suggested that Swift should sue under Tennesse’s new ELVIS Act, which both prohibits the use of people’s voice or image without their authorization, and which has never been tested in court.

Trump’s post might be all it takes to give Swift’s team grounds to sue Trump under Tennessee’s Ensuring Likeness Voice and Image Security Act, or ELVIS Act. The law protects against “just about any unauthorized simulation of a person’s voice or appearance,” said Joseph Fishman, a law professor at Vanderbilt University.

“It doesn’t matter whether an image is generated by AI or not, and it also doesn’t matter whether people are actually confused by it or not,” Fishman said. “In fact, the image doesn’t even need to be fake — it could be a real photo, just so long as the person distributing it knows the subject of the photo hasn’t authorized the use.”

Please don’t do this. First, it probably won’t work. Suing via an untested law that is very likely to run afoul of First Amendment protections is a great way to waste money. Trump also didn’t create the images, presumably, and is merely sharing or re-truthing them. That’s going to make making him liable for them a challenge.

But the larger point here is that all Swift really has to do here is respond, if she chooses, with her own political endorsement or thoughts. It’s not as though she didn’t do so in the last election cycle. If she’s annoyed at what Trump did and wants to punish him, she can solve that with more speech: her own. Hell, there aren’t a ton of people out there who can command an audience that rivals Donald Trump’s… but she almost certainly can!

Just point out that what he shared was fake. Mention, if she wishes, that she voted against him last time. If she likes, she might want to endorse a different candidate. Or she can merely leave it with a biting denial, such as:

“The images Donald Trump shared implied that I have endorsed him. I have not. In fact, I didn’t authorize him to use my image in any way and request that he does not in the future. On the other hand, Donald Trump has a history of not minding much when it comes to getting a woman’s consent, so I won’t get my hopes up too much.”

Slayers X: Terminal Aftermath – Vengeance Of The Slayer Review

So Bad It’s Good?

HIGH The soundtrack is genuinely excellent.

LOW Poorly designed levels. 

WTF Commiting to the bit makes it a difficult game to review!


One of the strongest (and most surprising) games I’ve reviewed for GameCritics has been Hypnospace Outlaw, which was set in a parody version of 1999’s early internet. It resonated with me in a big way due to its setting, but the developers were also commenting on the toxicity of contemporary social media — which, if anything, has gotten worse since its release. When I saw there was a recent spinoff, I had to see what they’d do with it next.

Slayers X: Terminal Aftermath: Vengance of the Slayer is a ’90s style first-person shooter developed by Tendershoot and published by No More Robots.            

 In Slayers X, Zane, the incredibly obnoxious 15-year-old troll from Hypnospace Outlaw, is now a grown man in his mid-thirties. He’s decided to continue working on a half-done videogame he stopped making in his teen years, and “Slayers X” is that game. This game-within-a-game stars Zane, who is part of a superhero group called the Slayers. His fictional persona is seeking revenge for the murder of his mentor and mother by a rival group headed by Zane’s stepfather. 

This story hints at what one might expect from the mind of an obnoxious teenager, and in this respect, Slayer X commits to the bit. This thin plot is just a setup for a power fantasy that invokes Doom and Duke Nukem. The story is ridiculous and replete with awful one-liners where Zane mocks enemies by saying things like “I slept with your mom!” Complete with poor CG between levels, the overall quality of the experience is surely a series of deliberate choices by the developers to remain consistent with the premise.

Additionally, gameplay has a familiar smoothness and speed typical of shooters from that era, complete with exaggerated head bob. The shooting is exactly what one would expect, offering simple shooting in levels filled with enemies. The guns feel common, though the Glass Blaster shotgun packs a punch and is the exception, due to its ability to use broken windows as ammo refills.

However, Slayers X is also seemingly filtered through the prism of someone lacking in the talent department when it comes to game design. The areas lack flow — I often found myself lost among many seemingly pointless areas and diversions lacking tangible rewards for exploration, aside from some predictably poor and immature visual gags. This resulted in a stop-start feeling not helped by the prevalence of monster closets and waves of spawning enemies.

Speaking of enemies, they lack interesting designs and are repeated ad nauseam. When the difficulty needs to ramp up in the final levels, the classic design mistake is made — the enemy count skyrockets and stronger enemies become too plentiful.

To make matters worse, ammo was inconsistently and haphazardly placed. I sometimes found myself with an overabundance, but at other times — especially when it was needed the most — it was hard to come across.

Again, while this was not a pleasant experience per se, I want to reiterate the admiration I had for the developers’ commitment to their concept. It is through this authenticity that Slayer X shines — it’s not really a ‘bad’ FPS, but instead a character piece reflecting the mind of a juvenile edgelord and his views of the world. This meta-concept is where Slayer X finds its humor, in exposing his illusions of grandeur and not in Zane’s terrible zingers.

While the concept behind Slayers X might spark debate, there’s no argument around the soundtrack, where the parody band “Seepage” returns from Hypnospace Outlaws. Clearly inspired by late ’90s bands like Linkin Park, tastes may vary here (and I’m exposing my own nostalgia) but I genuinely found the songs not just pitch-perfect throwbacks, but enjoyable in their own right.

Considering its premise, it would be betraying the concept to make a ‘good’ game. It’s certainly interesting, but does that lead to an enjoyable experience? Well, it’s worth playing for those who enjoyed Hypnospace Outlaw and are interested in another snapshot from that period, and it’s brief enough so that it doesn’t outstay its welcome. However, people who aren’t Hypnospace fans or those who aren’t interested in the meta-concept would probably do well to look elsewhere if they’re craving a standard FPS fix.

Rating: 6 out of 10


Disclosures: This game is developed by Tendershoot and published by No More Robots. It is currently available on XBO, XBX/S, PS4/5, Switch and PC. This copy of the game was obtained via publisher and reviewed on the Switch. Approximately 3.5 hours of play were devoted to the single-player mode, and the game was completed. There are no multiplayer modes.

Parents: According to the ESRB, this game is rated M and contains Intense Violence, Blood and Gore, Sexual Themes, Drug Reference, and Language. Whilst the graphics are deliberately primitive, the game is very violent with exploding limbs and lots of blood, although the prevalence of blood depends on whether the violence level is set to normal or extreme in the settings. There are references to suicide, drugs and crude humour such as sexual innuendo, for example, the player character saying he has slept with someone’s mom.

Colorblind Modes: There are no colorblind modes available. 

Deaf & Hard of Hearing Gamers:  This game offers subtitles. The subtitles cannot be altered and/or resized.  I found it to be quite playable without sound, however there were a couple of issues. Subtitles did not appear when Zach made comments about why doors were inaccessible (there are color coded locks.) A bigger issue is the lack of visual cues when enemies approach from the back and the sides, and I did not see visual cues detailing where damage was coming from. As a result it is not fully accessible.

Remappable Controls: Yes, this game offers fully remappable controls.

 

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