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There's other instances where it was completely fabricated, and the courts ruled it was CSAM and convicted
There has been yes, but it doesn't mean it's the right ~~ruling~~ law. The law varies on that by jurisdiction as well because it is a murky area.
Edit: in the USA it might not even be illegal unless there was intent to distribute
So local AI generating fictional material that is not distributed may be okay federally in the USA.
Serious value? How does one legally argue that their AI-generated child porn stash has "serious value" so they they don't get incarcerated.
Laws are weird.
Have the AI try to recreate existing CP already deemed to have serious value and then have all the prompts/variations leading up to the closest match as part of an exhibit.
Edit: I should add, don't try this at home, they'll still probably say it has no value and throw you in jail.
Prison*
Ah my bad, you're right.
Then you'll probably get shanked if any of the other inmates find out you were sent there for CP.
Hey bro, it was just AI-generated tho! And it had serious value!
Plz don't stab me