System 3 Software has responded to accusations that generative AI was used in the creation of promotional artwork for its upcoming Nintendo Switch 2 title, James Pond Legacy. The developer stated that while algorithm-assisted tools were employed in the art pipeline, the final assets are human-authored.
The controversy arose after the release of a trailer for James Pond Legacy, where the game's cover art and other promotional materials displayed a style that many viewers identified as AI-generated. In response, System 3 initially released a statement asserting that generative AI had not been used. However, System 3 CEO Mark Cale explained that this statement was based on information provided by Antstream, the studio responsible for the collection's development.
According to a statement provided by Antstream to System 3 in December, the art process for some non-in-game assets involved "algorithm-assisted depth and form translation." This process begins with original 2D concepts inputted into a model to estimate volume and lighting, producing "pseudo-3D drafts." Artists then manually repaint, re-render, and finalize these illustrations, with algorithms used solely for intermediate visualization.
Cale indicated that confusion arose because Antstream's statement did not explicitly use the term "generative AI." He noted that the statement was requested to address transparency requirements, including those under the EU Artificial Intelligence Act, and specifically stated that the final assets were "fully human-authored."
System 3 would have approached the situation differently had the use of AI been communicated more clearly. "Had the use of generative AI been made clearer prior to the publication of the trailer and the blog post, System 3 would have taken a different approach," Cale told GameSpot. He emphasized that the provided statement did not explicitly mention "generative AI," leading his company to believe no such tools were used.
Antstream was contracted for the project due to its past success in emulating games for compilations. However, the development of supplemental materials for James Pond Legacy presented unique challenges, as there was limited existing concept art or production designs. Cale explained that recreating such artwork to the required quality with a large team over an extended period would not be financially feasible.
Looking ahead, Cale stressed the importance of full disclosure and clearer definitions of generative AI to prevent similar misunderstandings. He also expressed a broader wariness of the term "AI" in game development, noting that even conventional game mechanics are sometimes being renamed to avoid the label.
James Pond Legacy: The Pond is Not Enough is slated for release exclusively on Nintendo Switch 2 at the end of October. A final release date has not yet been announced.