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If that's the only argument, it's more nonsensical than I thought. You need software to decode an OP_RETURN and you need different software to decode an inscription. The distinction is completely inconsequential. At least, I don't see how an inscription offers any plausible deniability of anything. It's tied to an input instead of an output.
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I mean, even a jpeg needs to be decoded
Thus, the argument really rests on an understanding of the law, which I am not seeing any discussion of.
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I'll take your word for it. I'm too afraid to look it up. But it boggles my mind that people keep using this argument without first being clear on what the law even says
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if I am not mistaken the argument goes like this:
however, with OP_RETURN, the "objectionable data" can be put into a single utxo - so one can point to it and say that noderunners are hosting it