a client could just be hardcoded to make all images cc0 and users could later claim in court they never intended to do that but didn't read the code

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That would be a client showing invalid events assuming the whole event including tags is getting signed. Get a new client

Right, a client that signs away your copyright without permission is just malware :-)

A good client should clearly prompt for permission, at least the first time.

Ideally it should also do "AI" face detection and turn the license off, since the people in the picture didn't necessarily give permission.

Woops, i read this wrong and assumed client reading images and displaying a false license, but youre right.

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users can still claim anything in court, and say they downloaded the malware version

That's called purgery, it's not a Nostr-specific problem.