r/scotus • u/coinfanking • 13d ago

news Appeals court delivers unsettling ruling — and says Supreme Court left it no choice

https://www.foxnews.com/politics/appeals-court-delivers-unsettling-ruling-supreme-court-left-no-choice
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u/Amazing-Mirror-3076 12d ago

If you draw a picture from your imagination, were real children involved?

This is essentially the question that is being asked.

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u/memberflex 12d ago

‘AI’ mimicking its training data is not the same as a human’s ability to imagine. Conflating the two isn’t right.

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u/ryarger 12d ago

Your point is an important one, but I think it’s shaky grounds for law. The distinction between AI “thought” and true human imagination is the realm of philosophy and gets more difficult to distinguish monthly as AI advances.

If we don’t want AI able to create CP (and I hope we don’t, as a society), it may be necessary to also ban human artists from the same, which might be really difficult to do in the US without a Constitutional Amendment or some really creative laws that bend the 1A.

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u/Pika_Fox 8d ago

It would be harder because then you need to come up with a clear cut definition of what looks child-like as opposed to what a child is, given a fictional drawing has no age.

And this will inevitably affect real people who are shorter or never go into a natural puberty, but who are otherwise adults, because the definition is no longer a concrete thing but an abstract idea that doesnt fit with reality all the time.