Despite the presentation as an AI creation, there was a good deal of evidence that the Dudesy podcast and the special itself were not actually written by an AI, as Ars laid out in detail this week. And in the wake of this lawsuit, a representative for Dudesy host Will Sasso admitted as much to The New York Times.
“It’s a fictional podcast character created by two human beings, Will Sasso and Chad Kultgen,” spokeswoman Danielle Del told the newspaper. “The YouTube video ‘I’m Glad I’m Dead’ was completely written by Chad Kultgen."
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A human writing a stand-up special that was merely inspired by Carlin's work would likely not be subject to the same kind of potential copyright claims as the makers of an AI explicitly trained on that work. But even a fully human-written special would be guilty of unauthorized use of Carlin's name and likeness for promotional purposes, according to the lawsuit.
"Defendants always presented the Dudesy Special as an AI-generated George Carlin comedy special, where George Carlin was 'resurrected' with the use of modern technology," the lawsuit argues. "In short, Defendants sought to capitalize on the name, reputation, and likeness of George Carlin in creating, promoting, and distributing the Dudesy Special and using generated images of Carlin, Carlin’s voice, and images designed to evoke Carlin’s presence on a stage."
