human creations being unfairly penalized for perceived resemblance to AI
That they trained the models by real artworks does mean, that there are people out there that can and do create artworks that look like that...
I worry more about the code AI disclosure. In software development, AI tools were embraced more than they were shunned like in visual art. At least this is my impression. It is quite normal to import code snippets from elsewhere and modify them. Creating that snippet with a llm, instead of spending hours on dedicated message boards and documentations sounds like it would be business as usual and not even be perceived as the evil AI usage everyone is talking about.
To ban (generative) AI, it would have to be illegal to begin with. Banning it because some people do not like the concept or call it unfair or whatever would open the door to banning things for all kinds of reasons. When digital art creation was beginning to emerge, there also was a step that created unfair advantages. Imagine a place where art would be banned, because it was not done with pencil on paper, but with pixels and a program that would automatically fill in colors in a place.
Anyway, ther reason stated in the quality guidelines currently reads like this: legal ambiguity around rights associated with Generative AI content
If you sell an asset, that is a thing to be used in a thing that is to be sold yet again. If the legal situation has ambiguities and you do not know, if the asset you bought gives you full rights in the future for the content in said assets, that is a problem. Worst case, you try to make merchandise from your successful game and the genAI content you bought resembles an actual IP, since it was trained from data that containted that IP.
So I fully understand and welcome disclosure for products that are to be used in other products.
As for disclosure of AI in games, I would very much like to know what Steam does with that info or plans to do. They do collect the info since summer I believe. But I have yet to see a game description on Steam that told me, that a game uses genAI content. Maybe I just missed those. There also does not seem to be a filter option to not show games that have genAI.
What would be of course not ok, is to brag about hand made pixel art and whatnot, while the game is genAI. That is like selling organic food that ain't.