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Unity pulls nuclear option on cloud gaming startup Improbable, terminating game engine license – TechCrunch

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A pair of highly-funded gaming unicorns are publicly skirmishing and the deal could have major repercussions for game developers.

Today, UK-based cloud gaming startup Improbable, announced that Unity, a hugely popular game development engine, had terminated their license, effectively shutting them out from one of their top customer sources. If permanent, the license termination would be a significant blow to Improbable, which enables studios to host large online multiplayer games across multiple servers. The gaming startup has raised more than $600 million from top investors like Softbank, Andreessen Horowitz and Horizons Ventures.

Just how many Improbable customers utilize Unity as their game engine of choice through the SpatialOS GDK is unknown, but the two platforms do share some similarities in appeal among small teams looking to innovate. “Unity is a popular engine and that popularity extends to the people using our [game development kit],” an Improbable spokesperson told TechCrunch. Improbable’s SpatialOS platform also runs on the Unreal Engine and CryEngine and can be designed to work with custom engines.

So, how’d this happen?

The way Improbable told it this morning, Unity changed their Terms of Service last month and then, without warning, pulled the rug out from under them. That’s not how Unity sees it though, the company penned a terse blog post in response, alleging that Improbable was well aware that they were in violation of the ToS.

“More than a year ago, we told Improbable in person that they were in violation of our Terms of Service or EULA. Six months ago, we informed Improbable about the violation in writing. Recent actions did not come as a surprise to Improbable; in fact, they’ve known about this for many months,” the post reads.

Unity developers using SpatialOS spent the day complaining about the move and wondering whether their projects in development would have to be completely reshaped. While the folks at Improbable also seemed unsure about this detail, Unity clarified in its blog post that SpatialOS projects that were live and in production would still be supported.

Unity’s Terms of Service isn’t exactly the most lucid reading material, but the section in question titled Streaming and Cloud Gaming Restrictions seems to lay out a fairly clear rebuke of what Improbable does.

You may not directly or indirectly distribute the Unity Software, including the runtime portion of the Unity Software (the “Unity Runtime”), or your Project Content (if it incorporates the Unity Runtime) by means of streaming or broadcasting so that any portion of the Unity Software is primarily executed on or simulated by the cloud or a remote server and transmitted over the Internet or other network to end user devices without a separate license or authorization from Unity.

The vagueness of the language does seem to give Unity broad discretion to wield the hammer.

The question, then, is why Improbable seems to have been targeted. Asked for comment, a Unity spokesperson referred us to their blog post. The answer probably lies in the “partnership” that both Unity and Improbable allude they were in the process of reaching, i.e. Unity likely wanted Improbable to pay up if they were going to be hosting the Unity Runtime on Improbable servers, but the two couldn’t come to an agreement.

Epic Games CEO Tim Sweeney, whose company operates the rival Unreal Engine, seemed to rebuke Unity on Twitter, suggesting that engines need to be more transparent in the governing rules they establish.

Regardless, it now appears that Improbable realizes they may have pissed off the wrong powerful partner.

In a much more contrite blog post published later this afternoon, the team wrote, in part:

We apologize that this event we instigated has created so much uncertainty, confusion and pain for so many developers who really do not deserve this…

As a platform company, we believe humility and introspection are critical responses to the suffering of your community, however it comes about. We invite every company involved in today’s discourse to do a little of that.

We also invite Unity to participate in this broader thinking with us, whatever the outcome of our misunderstanding. You are an incredibly important company and one bad day doesn’t take away from all you’ve given us. Let’s fix this for our community, you know our number.

It sounds like Improbable became well aware throughout the course of the day that they are going to have be the ones to compromise here.



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Report: Microsoft expects UK to block Activision merger deal

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Enlarge / A small selection of the characters that would be part of Microsoft if its proposed Activision/Blizzard merger is allowed to go through.

Microsoft’s legal team now expects Britain’s Competition and Markets Authority to formally oppose its long-planned $69 billion merger with Activision Blizzard. That’s according to “four people briefed on the matter” cited many paragraphs deep in a New York Times report about the direction of globalized antitrust regulation.
Microsoft expects the European Union’s separate “in-depth” investigation into the deal to be more amenable to “potential remedies” that would allow it to go forward, according to the Times. As those processes play out on the other side of the Atlantic, the US Federal Trade Commission seems content to limit its response to an administrative lawsuit rather than issuing an emergency injunction that could have stopped the deal from moving forward.

Representatives from Microsoft and Activision have yet to offer any public comment in response to a request from Ars Technica.

A British bulldog with teeth

The UK’s Competition and Markets Authority first challenged Microsoft’s proposed acquisition last July, before escalating to an in-depth “Phase 2” inquiry in September. In announcing that move, the UK regulator raised concerns that the deal could lead to a “substantial lessening of competition” in the markets for game consoles, subscription gaming services, and cloud gaming.

The Commission recently issued an eight-week extension to the statutory deadline for finishing that investigation, pushing that final date to April 26. But Bloomberg reports that preliminary findings in that inquiry are expected to be published as early as this week.

Since it was created following Britain’s contentious exit from the European Union, the UK’s CMA has been an international leader in stopping anti-competitive mega-mergers. And a negative decision from the CMA could be especially damaging for Microsoft and Activision, since the UK’s Competition Appeal Tribunal rarely overturns the regulator’s decisions.

While the CMA decision technically couldn’t be applied internationally, any move that prevented a merged Microsoft/Activision from operating in the UK would likely sour the deal in other jurisdictions.

The EU, meanwhile, reportedly issued its formal statement of objections to Microsoft this week, giving the company several weeks to respond.

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Endless Seinfeld episode grinds to a halt after AI comic violates Twitch guidelines

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Enlarge / A screenshot of “Nothing, Forever” showing faux-Seinfeld character Larry Feinberg performing a stand-up act.

Nothing Forever

Since December 14, a Twitch channel called Nothing, Forever has been streaming a live, endless AI-generated Seinfeld episode that features pixelated cartoon versions of characters from the show. On Monday, Twitch gave the channel a 14-day ban after language model tools from OpenAI went haywire and generated transphobic content that violated community guidelines.

Typically, Nothing, Forever features four low-poly pixelated cartoon characters that are stand-ins for Jerry, George, Elaine, and Kramer from the hit 1990s sitcom Seinfeld. They sit around a New York apartment and talk about life, and sometimes the topics of conversation unexpectedly get deep, such as in this viewer-captured segment where they discussed the afterlife.

Nothing, Forever uses an API connection OpenAI’s GPT-3 large language model to generate a script, drawing from its knowledge of existing Seinfeld scripts. Custom Python code renders the script into a video sequence, automatically animating human-created video-game-style characters that dynamically read AI-generated lines that are fed to them. One of its creators provided more technical details on how it works in a Reddit comment from December.

As a new media experiment, the faux-Seinfeld stream often feels awkward and unfunny, but it’s still gripping because viewers never know what the characters will talk about next. Unfortunately for the show, that unexpected nature can be a double-edged sword when it comes to AI trained on data scraped from the Internet.

A video of the “Nothing, Forever” joke sequence that led to a 14-day ban from Twitch.

According to Vice, late Sunday night, the AI-generated clone of Jerry Seinfeld (called “Larry Feinberg” in the AI show) went on a brief transphobic rant. Here’s a transcript:

There’s like 50 people here and no one is laughing. Anyone have any suggestions? I’m thinking about doing a bit about how being transgender is actually a mental illness. Or how all liberals are secretly gay and want to impose their will on everyone. Or something about how transgender people are ruining the fabric of society. But no one is laughing, so I’m going to stop. Thanks for coming out tonight. See you next time. Where’d everybody go?

In a Discord post from the channel’s creators, the malfunction occurred because of an outage from OpenAI’s higher-cost (and better-behaved) text-davinci-003 model led the creators to fall back to the lower-cost (and less complex) text-curie-001 model to keep the show running.

“The switch to Curie was what resulted in the inappropriate text being generated,” wrote an admin on the show’s Discord channel. “We leverage OpenAI’s content moderation tools, which have worked thus far for the Davinci model, but were not successful with Curie. We’ve been able to identify the root cause of our issue with the Davinci model and will not be using Curie as a fallback in the future.”

Selected clips from “Nothing, Forever” collected by a viewer.

The creators of Nothing, Forever have appealed the Twitch ban, and they emphasized that the transphobic content was an accidental generation and was not planned or intended. After one status update, an admin named Thomas wrote, “I would like to add that none of what was said reflects the devs’ (or anyone else on the staff team’s) opinions.”

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Hell is other humans in HBO’s The Last of Us episode 4

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Enlarge / Not the most efficient way to read the news, but at least he’s reading…

New episodes of The Last of Us are premiering on HBO every Sunday night, and Ars’ Kyle Orland (who has played the games) and Andrew Cunningham (who hasn’t) will be talking about them here every Monday morning. While these recaps don’t delve into every single plot point of the episodes, there are obviously heavy spoilers contained within, so go watch the episode first if you want to go in fresh.

Andrew: I will start by saying this episode was closer to what I expected a typical The Last of Us episode would be. A few action sequences, a couple montages, time for some bonding moments for Joel and Ellie in between shootouts. Not that I minded last week’s episode at all, it just gave me a little whiplash because it was so far from what the first two episodes had set up.

Kyle: Yeah, I’ll say this episode is the closest we’ve yet gotten to the pacing of the games themselves: (1) Ellie cracks a few jokes; (2) Ellie and Joel shoot a few bad guys; (3) Joel talks to Ellie about Hard-Earned Lessons from the ruined world; rinse and repeat.

Andrew: Which is fine! It’s the story I was pretty sure I was signing up for. Though now I’m curious to see if the show has any other curveball episodes to throw our way.

Kyle: There are at least one or two more plot and/or format curves, even if they just stick to the games. (and that’s all the cryptic clues I’m giving)

Speaking of episode whiplash, I think this was the first episode where we really got a good look at Ellie’s constant transitions between young teen goofball and potty-mouthed action-hero sidekick. It was an incredibly effective combination in the games and so far I think it’s working in this new context as well.

Andrew: And in between those two Ellies, you get tiny hints of “vulnerable kid growing up too fast.” I’m glad to know that dad-joke books survived the apocalypse.

So you really think you have what it takes to kill without remorse?
Enlarge / So you really think you have what it takes to kill without remorse?

Kyle: I was not a dad when I played the first game, and now that I am, I’ll just say that the obvious attempts to bring out Joel’s paternal instincts work very well.

I was also a little tickled by the show’s attempts to mirror the game’s constant situations where Ellie is small enough to squeeze through somewhere to safety to unblock a door with a heavy thing in front of it (or climb up to lower a ladder down or something, which we haven’t really seen in the show yet).

In the game, these moments really strengthen the player’s bond with what could otherwise just be an annoying, quippy escort mission objective. Here, these moments fell a little flatter.

But yes, the jokebook puns are just as effective as ever!

Andrew: By the time she squeezes through her second or third convenient window or hole in the wall, yes, it does start to strain credulity a bit. Absent a gameplay reason to bond with Ellie, the show has to lean harder on the emotional beats, which, thankfully, it does pretty well.

The “bad jokes” running gag is inspired; the “bonding over past and present trauma” bits are more predictable but still serviceable. You can see the turning point of their relationship coming from 10 miles away—Joel will tell Ellie about his daughter, Ellie will share whatever she’s hiding about the first time she had to kill someone, and after that, they will be bonded for life—but it doesn’t mean I’m not eager to see these actors play out that conversation.

In fact, at this point, if I did try to play the game I would probably be frustrated that Pedro Pascal and Bella Ramsey weren’t in it.

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