Well, maybe we need a movement to make physical copies of these games and the consoles needed to play them available in actual public libraries, then? That doesn’t seem to be affected by this ruling and there’s lots of precedent for it in current practice, which includes lending of things like musical instruments and DVD players. There’s a business near me that does something similar, but they restrict access by age to high schoolers and older, and you have to play the games there; you can’t rent them out.
There are a bunch of reasons why this could happen. First, it’s possible to “attack” some simpler image classification models; if you get a large enough sample of their outputs, you can mathematically derive a way to process any image such that it won’t be correctly identified. There have also been reports that even simpler processing, such as blending a real photo of a wall with a synthetic image at very low percent, can trip up detectors that haven’t been trained to be more discerning. But it’s all in how you construct the training dataset, and I don’t think any of this is a good enough reason to give up on using machine learning for synthetic media detection in general; in fact this example gives me the idea of using autogenerated captions as an additional input to the classification model. The challenge there, as in general, is trying to keep such a model from assuming that all anime is synthetic, since “AI artists” seem to be overly focused on anime and related styles…