NoAI content: "inputs" or "training inputs"?

General Feedback & Requests
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1

Hi @Unreal_Josh,

Your 2023 post introducing the NoAI tag said buyers may not use NoAI content “as inputs to” generative AI. The current Fab EULA (16(l)) says “as training inputs”, while the Fab Terms of Service (3.3(i)) still say “inputs”.

For a buyer making a commercial game, which applies? Specifically:

  1. Can NoAI content go through AI tools that don’t train on it (upscaling, retexturing)?
  2. Can an AI coding assistant, like Epic’s MCP plugin, read project files containing NoAI assets?

Thanks!

2

Meh, people use AI because they can’t spell, so typing code makes them cry real tears when it dun’t work due to bad typos/syntax errors.

Also, they suck at Blender so they use AI to make 3D model game characters.

3

Thank you for bringing our attention to this. When it comes to the license scope and defining what users can do with the Content, the Fab EULA is the governing document, so the wording in the EULA prevails and should be treated as binding.
Under the EULA, NoAI Content may not be used (a) in datasets utilized by Generative AI Programs, (b) in the development of Generative AI Programs, or (c) as training inputs to Generative AI Programs. The definition of “Generative AI Programs” in the EULA is therefore key to understanding what falls outside the NoAI restriction. Tools that solely operate on the original content, generate tags to classify content, or generate instructions to arrange existing content without creating new content are excluded from that definition.
Following that definition, as a general example, tools such as upscaling or retexturing tools would typically fall outside that definition, provided the tool’s provider doesn’t use your files to train its own models. We recommend checking the data terms of any third-party AI tool you use.
If you have any doubt about how the EULA applies to your specific use case (or the AI tool you’re planning on using), we recommend confirming with your legal counsel.