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AII-1002-45947
Well documentedThree or more independent publishers report the core facts.

Nintendo partner uses AI tool to remove AI-generated Mario images from X

Brand protection company Tracer deployed AI-powered copyright enforcement to remove AI-generated images of Nintendo's Mario character from X/Twitter, issuing DMCA takedowns against posts created with Grok. The automated enforcement reportedly also affected non-AI fan art, raising questions about the system's accuracy.

August 2024 ยท Nintendo ยท Intellectual property and appropriation
August 2024
AII-1002-459473 sources โ†“
Quick facts
Category
Intellectual property and appropriation
Country
United States
Source
MobileSyrup
Date
August 2024
Drafted by
Raidu Incident Detection

What happened

Takedown notices originated from brand protection company Tracer removed AI-generated images of Nintendo's Mario character from X/Twitter posts created using xAI's Grok image generator.

The Verge's Tom Warren reported his Grok-generated image of Mario smoking a cigarette and drinking beer was pulled from X following a DMCA complaint from a Tracer customer success manager, with the takedown notice citing Nintendo of America's copyright.

Another user reported their Grok-generated image of Luigi as an IDF soldier was also removed, and fan art of Mario characters was reportedly caught in the enforcement action.

Reported impact

Creators of AI-generated images reported their content being removed from X/Twitter without prior notice.

Fan-created Mario art was reportedly being affected by the automated enforcement system despite not being AI-generated content.

Index analysis

Tracer uses Human-in-the-Loop AI brand protection technology that it states "dramatically shortens the time from detection to enforcement by intelligently automating the review process and automatically offering an enforcement recommendation."

The automated system's enforcement recommendations triggered DMCA takedowns, but the system's distinction between infringing AI-generated content and non-infringing fan art appears to have been imperfect.

Governance controls

Takedown notices were issued under the Digital Millennium Copyright Act (DMCA), a legal mechanism for copyright protection.

Nintendo and Tracer have not confirmed their relationship or the specifics of the takedown protocol despite the notices naming Nintendo of America's copyright.

Classification

Category
Intellectual property and appropriation
Industry
Media, social platforms and marketing
Country
United States
Harm status
Actual harm
Intent
Unknown
Timing
Post-deployment
Harm types
Reputational
Failure modes
Content moderation failure, Misidentification
Consequences
Content removal
AI systems
Grok, Tracer brand protection AI
Regulations
FCRA (cited)

Sources and evidence

This record was researched and written by the Index, based on the following original reporting.

MobileSyrup
A Nintendo partner is using AI to take down AI-generated Mario images
24 September 2024
IGN Southeast Asia
An AI Tool Is Reportedly Hauling AI-Generated Mario Images Offline
25 September 2024
TechRadar
Nintendo jumps on AI images of Mario shared on X
26 September 2024
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