Pudgy Penguins come to Melbourne

Last week, I got to chill out with some of the Pudgy Penguins crew, as they launched the Oceania chapter of their NFT community. In case you weren’t aware, Pudgy Penguins are one of the top NFT collections, and have built a loyal fan base for these digital characters.

I went to a major Pudgy Penguin “Pengu Fest” in Hong Kong last year, and got to see first hand how engaged their members are. I also gained some insights as to how this ecosystem enables their NFT holders to license the IP associated with their individual characters into royalty-based income. In short, a subset of the NFT characters are chosen to be turned into merchandise. (For example, Pudgy Penguin soft toys are available in major stores such as Walmart in the USA, and Big W in Australia.) Owners of the selected NFTs earn a percentage of the sales revenue (less tax and production costs etc.).

The most recent collection of Pudgy collectibles are the Igloo figurines, which include early online access to Pudgy World. As a proud owner of one of these plastic figures, I’m still not sure what I have let myself in for…

As well as local meetups, other ways in which the community can interact include a trading card game called Vibes, also launched via the Overpass IP licensing platform.

Igloo Inc, the parent company to Pudgy Penguins and Overpass, has also announced it is launching a Layer 2 blockchain on Ethereum, to be called Abstract, and is being positioned as a “the blockchain for consumer crypto”.

Whatever your views on crypto, NFTs, on-line worlds and collectibles, there is no doubt that Pudgy Penguins have set themselves up with the admirable goals of building a healthy and inclusive community, underpinned by the twin pillars of individual creativity and positive culture.

To crypto sceptics (and the merely crypto curious), the “community” and the enthusiasm of its members could resemble something of a cult. Someone did say during last week’s panel discussion that “I am my penguin, and my penguin is me”. But there are worse things for people to get involved with – and for younger people (I don’t regard myself as part of the Pudgy core demographic), I can see the appeal. For example, your Pudgy Penguin PFP can act as a protective avatar as you engage and explore online – allowing you to share only the personal information that you want to, while you build up trust with other community participants, and before you choose to meet IRL.

There was also a discussion about the difference between meme coins and NFTs – the short answer is that the former represent pure speculation, while the latter aim to create value for their holders. In fact, someone suggested that meme coin trading is not that different to punting on betting apps. But since most NFT collections are well down on their market highs of a couple of years ago, maybe NFT holders and communities like Pudgy Penguins are trying to convince themselves that they are still backing a winner?

Overall, however, I remain positive to the opportunities that NFTs represent – especially in the creative fields, and as a new model for IP licensing. Even if cute flightless birds from the southern hemisphere are not your thing, I don’t think you can dismiss or ignore the social, cultural and economic impact that NFTs will have.

Next week: “When I’m Sixty-Four”

 

 

AI & Music

In a recent episode of a TV detective show, an AI tech dude tries to outsmart an old school musicologist by re-creating the missing part of a vintage blues recording. The professor is asked to identify which is the “real” track, compared to the AI versions. The blues expert guesses correctly within a few beats – much to the frustration of the coder.

“How did you figure it out so quickly?”

“Easy – it’s not just what the AI added, but more importantly what it left out.”

The failure of AI to fully replicate the original song (by omitting a recording error that the AI has “corrected”) is another example showing how AI lacks the human touch, does not yet have intuition, and struggles to exercise informed judgement. Choices may often be a matter of taste, but innate human creativity cannot yet be replicated.

Soon, though, AI tools will displace a lot of work currently done by composers, lyricists, musicians, producers, arrangers and recording engineers. Already, digital audio workstation (DAW) software easily enables anyone with a computer or mobile device to create, record, sample and mix their own music, without needing to read a note of music and without having to strum a chord. Not only that, the software can emulate the acoustic properties of site-specific locations, and correct out-of-tune and out-of-time recordings. So anyone can pretend they are recording at Abbey Road.

I recently blogged about how AI is presenting fresh challenges (as well as opportunities) for the music industry. Expect to see “new” recordings released by (or attributed to) dead pop stars, especially if their back catalogue is out of copyright. This is about more than exhuming preexisting recordings, and enhancing them with today’s technology; this is deriving new content from a set of algorithms, trained on vast back catalogues, directed by specific prompts (“bass line in the style of Jon Entwistle”), and maybe given some core principles of musical composition.

And it’s the AI training that has prompted the major record companies to sue two AI software companies, a state of affairs which industry commentator, Rob Abelow says was inevitable, because:

“It’s been clear that Suno & Udio have trained on copyrighted material with no plan to license or compensate”.

But on the other hand, streaming and automated music are not new. Sound designer and artist Tero Parviainen recently quoted Curtis Roads’ “The Computer Music Tutorial” (2023):

“A new industry has emerged around artificial intelligence (AI) services for creating generic popular music, including Flow Machines, IBM Watson Beat, Google Magenta’s NSynth Super, OpenAI’s Jukebox, Jukedeck, Melodrive, Spotify’s Creator Technology Research Lab, and Amper Music. This is the latest incarnation of a trend that started in the 1920s called Muzak, to provide licensed background music in elevators, business and dental offices, hotels, shopping malls, supermarkets, and restaurants”

And even before the arrival of Muzak in the 1920s, the world’s first streaming service was launched in the late 1890s, using the world’s first synthesizer – the Teleharmonium. (Thanks to Mark Brend’s “The Sound of Tomorrow”, I learned that Mark Twain was the first subscriber.)

For music purists and snobs (among whom I would probably count myself), all this talk about the impact of AI on music raises questions of aesthetics as well as ethics. But I’m reminded of some comments made by Pink Floyd about 50 years ago, when asked about their use of synthesizers, during the making of “Live at Pompeii”. In short, they argue that such machines still need human input, and as long as the musicians are controlling the equipment (and not the other way around), then what’s the problem? It’s not like they are cheating, disguising what they are doing, or compensating for a lack of ability – and the technology doesn’t make them better musicians, it just allows them to do different things:

“It’s like saying, ‘Give a man a Les Paul guitar, and he becomes Eric Clapton… It’s not true.'”

(Well, not yet, but I’m sure AI is working on it…)

Next week: Some final thoughts on AI

AI and the Human Factor

Earlier this month, I went to the Melbourne premiere of “Eno”, a documentary by Gary Hustwit, which is described as the world’s first generative feature film. Each time the film is shown, the choice and sequencing of scenes is different – no two versions are ever the same. Some content may never be screened at all.

I’ll leave readers to explore the director’s rationale for this approach (and the implications for film-making, cinema and streaming). But during a Q&A following the screening, Hustwit was at pains to explain that this is NOT a film generated by AI. He was also guarded and refrained from revealing too much about the proprietary software and hardware system he co-developed to compile and present the film.

However, the director did want to stress that he didn’t simply tell an AI bot to scour the internet, scrape any content by, about or featuring Brian Eno, and then assemble it into a compilation of clips. This documentary is presented according to a series of rules-based algorithms, and is a content-led venture curated by its creator. Yes, he had to review hours and hours of archive footage from which to draw key themes, but he also had to shoot new interview footage of Eno, that would help to frame the context and support the narrative, while avoiding a banal biopic or series of talking heads. The result is a skillful balance between linear story telling, intriguing juxtaposition, traditional interviews, critical analysis, and deep exploration of the subject. The point is, for all its powerful capabilities, AI could not have created this film. It needed to start with human elements: innate curiosity on the part of the director; intelligent and empathetic interaction between film maker and subject; and expert judgement in editing the content – as a well as an element of risk-taking in allowing the algorithm to make the final choices when it comes to each screened version.

That the subject of this documentary is Eno should not be surprising, either. He has a reputation for being a modern polymath, interested in science and technology as well as art. His use of Oblique Strategies in his creative work, his fascination with systems, his development of generative music, and his adoption of technology all point to someone who resists categorisation, and for whom work is play (and vice versa). In fact, imagination and play are the two key activities that define what it is to be human, as Eno explored in an essay for the BBC a few years ago. Again, AI does not yet have the power of imagination (and probably has no sense of play).

Sure, AI can conjure up all sorts of text, images, video, sound, music and other outputs. But in truth, it can only regurgitate what it has been trained on, even when extrapolating from data with which it has been supplied, and the human prompts it is given. This process of creation is more akin to plagiarism – taking source materials created by other people, blending and configuring them into some sort of “new” artefact, and passing the results off as the AI’s own work.

Plagiarism is neither new, nor is it exclusive to AI, of course. In fact, it’s a very natural human response to our environment: we all copy and transform images and sounds around us, as a form of tribute, hommage, mimicry, creative engagement, pastiche, parody, satire, criticism, acknowledgement or denouncement. Leaving aside issues of attribution, permitted use, fair comment, IP rights, (mis)appropriation and deep fakes, some would argue that it is inevitable (and even a duty) for artists and creatives to “steal” ideas from their sources of inspiration. Notably, Robert Shore in his book about “originality”. The music industry is especially adept at all forms of “copying” – sampling, interpolation, remixes, mash-ups, cover versions – something that AI has been capable of for many years. See for example this (limited) app from Google released a few years ago. Whether the results could be regarded as the works of J.S.Bach or the creation of Google’s algorithm trained on Bach’s music would be a question for Bach scholars, musicologists, IP lawyers and software analysts.

Finally, for the last word on AI and the human condition, I refer you to the closing scene from John Carpenter’s cult SciFi film, “Dark Star”, where an “intelligent” bomb outsmarts its human interlocutor. Enjoy!

Next week: AI hallucinations and the law

 

 

Whose side is AI on?

At the risk of coming across as some sort of Luddite, recent commentary on Artificial Intelligence suggests that it is only natural to have concerns and misgivings about its rapid development and widespread deployment. Of course, at its heart, it’s just another technology at our disposal – but by its very definition, generative AI is not passive, and is likely to impact all areas of our life, whether we invite it in or not.

Over the next few weeks, I will be discussing some non-technical themes relating to AI – creativity and AI, legal implications of AI, and form over substance when it comes to AI itself.

To start with, these are a few of the questions that I have been mulling over:

– Is AI working for us, as a tool that we control and manage?  Or is AI working with us, in a partnership of equals? Or, more likely, is AI working against us, in the sense that it is happening to us, whether we like it or not, let alone whether we are actually aware of it?

– Is AI being wielded by a bunch of tech bros, who feed it with all their own prejudices, unconscious bias and cognitive limitations?

– Who decides what the Large Language Models (LLMs) that power AI are trained on?

– How does AI get permission to create derived content from our own Intellectual Property? Even if our content is on the web, being “publicly available” is not the same as “in the public domain”

– Who is responsible for what AI publishes, and are AI agents accountable for their actions? In the event of false, incorrect, misleading or inappropriate content created by AI, how do we get to clarify the record, or seek a right of reply?

– Why are AI tools adding increased caveats? (“This is not financial advice, this is not to be relied on in a court of law, this is only based on information available as at a certain point in time, this is not a recommendation, etc.”) And is this only going to increase, as in the recent example of changes to Google’s AI-generated search results? (But really, do we need to be told that eating rocks or adding glue to pizza are bad ideas?)

– From my own experience, tools like Chat GPT return “deliberate” factual errors. Why? Is it to keep us on our toes (“Gotcha!”)? Is it to use our responses (or lack thereof) to train the model to be more accurate? Is it to underline the caveat emptor principle (“What, you relied on Otter to write your college essay? What were you thinking?”). Or is it to counter plagiarism (“You could only have got that false information from our AI engine”). If you think the latter is far-fetched, I refer you to the notion of “trap streets” in maps and directories.

– Should AI tools contain better attribution (sources and acknowledgments) in their results? Should they disclose the list of “ingredients” used (like food labelling?) Should they provide verifiable citations for their references? (It’s an idea that is gaining some attention.)

– Finally, the increased use of cloud-based services and crowd-sourced content (not just in AI tools) means that there is the potential for overreach when it comes to end user licensing agreements by ChatGPT, Otter, Adobe Firefly, Gemini, Midjourney etc. Only recently, Adobe had to clarify latest changes to their service agreement, in response to some social media criticism.

Next week: AI and the Human Factor