that's what you hope might be the case but that's something courts have to decide. not bitcoin users or community. it all depends how popular ordinals gets. the more popular it gets then the more attention it might attract from lawmakers.
Well, in 2018 there was some media buzz about this. And even if the picture doesn't count, the child pornography links were already illegal in most jurisdictions. So I'm sure some lawmakers are already aware of that.
There are however situations which are similar and where there are court decisions, mainly about ISPs. There was also a similar discussion about Freenet and other decentralized P2P networks where users store encrypted unknown data from others on their computers. And it's very different from a torrent, where the torrent seeder has the intent to distribute an illegal file.
You're of course right that miners will "catch"
very few illegal stuff uploaders. But if someone is that fool, they'd be better to report it.