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We routinely define “distribution” in copyright cases and I don’t see why the same standards would be unworkable here. Privately sharing a physical copy with a close friend is not distribution, publicly posting for all to see is distribution, and other things occupy a fact and intent specific middle ground.

I’m not sure what you mean when you say it will result in problems; I would not identify it as a problem if people avoid creating deepfake nudes of real people altogether to ensure they’re not liable for distributing them.



So, if I had lets say whatever, 10 close friends in a chat, producing deepfake porn and sharing to them is ok?

I'm not sure about this copyright argument? Lets say that there is whatever meme that is just making fun of something dumb, a "karen" doing something stupid in public. Would you argue distributing that meme is illegal?

So, lets say someone was naked in public and was fine with being photographed, then someone else cut out a publically available picture ( whatever, maybe it was a free shutterstock face) and pasted it on the body of that person, is that bad?

/shrug


If I were writing the law, I guess my instinct would be to make the first illegal and the last two legal.

I don't mean to be obtuse, I know there's a deeper point you're trying to make, but I don't get what it is. Is there an answer to these questions that would prove it should or shouldn't be illegal to distribute deepfake porn of real people?




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