But this is problematic. Procedurally generated landscapes can still have a definite "feel" or "look." These attributes can be protected as "trade dress." But there is no way to preclude other attributes we haven't thought of yet.
A problem with copyrighting mechanically generated works is there is no end to them. What awareness and creativity is shown by letting a computer make 1 million slightly different images?
Yes, you're right, there are algorithms that actually don't show much creativity. But this is actually already covered in the "Threshold of creativity" laws -- if the declaration that the output of an algorithms cannot be protected is removed. If you apply most of the same "Threshold of creativity" laws to a notion of meta-creativity, you still arrive at a usable and coherent law.
All the creativity is in the programming, not in the result.
Clearly, the truth is that creativity can manifest in the result.
Also understand that modern technology makes the current formulation of the law problematic. What if I simply used cheap data storage to slurp the output of a program so that I could use the output of someone's copyrighted code without permission? I could imagine doing this to a procedurally generated MMO world. This would seem to make the practical effect of the law quite divergent from its intended effect. Introduce a notion of algorithmic meta-creativity, and the law would protect against that kind of infringement nicely.
That said, in many cases, it would be advisable for the copyright holder to not reserve copyrights for such media. But in that case, I think the providing the option is the wiser choice.
