They could certainly bring the charges. It'd probably get tossed by a court. Whether it's the first court or the supreme court is the million dollar question.
It would get tossed immediately. That's like saying that because someone developed the internet, they're responsible for making it easier to distribute CP. Also it's like saying because you are a gun manufacturer, you're responsible for murder deaths with firearms. Or a rope manufacturer is responsible for suicides.
Why? How is an ML model different from an encrypted or encoded or phitoshoppes CP image? It comes down to whether the jurists decide that your data was built from CP content.
