Sorry, not everything is evaluated on a "case-by-case" basis per say, there is a difference between a "Bright-Line" (clearly specified rule in court) and a "Bal

Sorry, not everything is evaluated on a "case-by-case" basis per say, there is a difference between a "Bright-Line" (clearly specified rule in court) and a "Balancing-Test" (what you describe). I think it's actually pretty damn easy to define "enough" precisely. If the AI + human generated image cannot be easily recreated by AI, than it's enough. So, for example, random image from civit.ai which is nothing more than a prompt, and negative prompts. This fails the test because I can run the image through CLIP and get (almost) the same exact prompts used to generate it Now let's say I generate an image using a bunch of custom tools and extensions, such as regional color-loss (i.e. top right of the image must be blue and I will force the model to prefer blue outputs), and leveraging a lora model at 0.3 weight trained on my kids sketch-book drawing style. There's no way for any AI model that hasn't been configured exactly by my human hands to deduce anything approaching the prompt used to generate it (CLIP/Other LLMs doesn't know about extensions and loras). Courts need a bright-line here, balancing tests lead to miscarriages of justice, which is what looks like is going to happen here a lot.