Understanding how threat hunting differs from reactive security provides a deeper understanding of the role, while hinting at how it will evolve in the future.
We're taking part in Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on different elements of copyright law and policy, and addressing what's at stake, and what we need to do to make sure that copyright promotes creativity and innovation.
Long before generative AI, copyright holders warned that new technologies for reading and analyzing information would destroy creativity. Internet search engines, they argued, were infringement machines—tools that copied copyrighted works at scale without permission. As they had with earlier information technologies like the photocopier and the VCR, copyright owners sued.
Courts disagreed. They recognized that copying works in order to understand, index, and locate information is a classic fair use—and a necessary condition for a free and open internet.
Today, the same argument is being recycled against AI. It’s whether copyright owners should be allowed to control how others analyze, reuse, and build on existing works.
Fair Use Protects Analysis—Even When It’s Automated
U.S. courts have long recognized that copying for purposes of analysis, indexing, and learning is a classic fair use. That principle didn’t originate with artificial intelligence. It doesn’t disappear just because the processes are performed by a machine.
Copying works in order to understand them, extract information from them, or make them searchable is transformative and lawful. That’s why search engines can index the web, libraries can make digital indexes, and researchers can analyze large collections of text and data without negotiating licenses from millions of rightsholders. These uses don’t substitute for the original works; they enable new forms of knowledge and expression.
Training AI models fits squarely within that tradition. An AI system learns by analyzing patterns across many works. The purpose of that copying is not to reproduce or replace the original texts, but to extract statistical relationships that allow the AI system to generate new outputs. That is the hallmark of a transformative use.
Attacking AI training on copyright grounds misunderstands what’s at stake. If copyright law is expanded to require permission for analyzing or learning from existing works, the damage won’t be limited to generative AI tools. It could threaten long-standing practices in machine learning and text-and-data mining that underpin research in science, medicine, and technology.
Researchers already rely on fair use to analyze massive datasets such as scientific literature. Requiring licenses for these uses would often be impractical or impossible, and it would advantage only the largest companies with the money to negotiate blanket deals. Fair use exists to prevent copyright from becoming a barrier to understanding the world. The law has protected learning before. It should continue to do so now, even when that learning is automated.
A Road Forward For AI Training And Fair Use
One court has already shown how these cases should be analyzed. In Bartz v. Anthropic, the court found that using copyrighted works to train an AI model is a highly transformative use. Training is a kind of studying how language works—not about reproducing or supplanting the original books. Any harm to the market for the original works was speculative.
The court in Bartz rejected the idea that an AI model might infringe because, in some abstract sense, its output competes with existing works. While EFF disagrees with other parts of the decision, the court’s ruling on AI training and fair use offers a good approach. Courts should focus on whether training is transformative and non-substitutive, not on fear-based speculation about how a new tool could affect someone’s market share.
AI Can Create Problems, But Expanding Copyright Is the Wrong Fix
Workers’ concerns about automation and displacement are real and should not be ignored. But copyright is the wrong tool to address them. Managing economic transitions and protecting workers during turbulent times are core functions of government. Copyright law doesn’t help with those tasks in the slightest. Expanding copyright control over learning and analysis won’t stop new forms of worker automation—it never has. But it will distort copyright law and undermine free expression.
Broad licensing mandates may also do harm by entrenching the current biggest incumbent companies. Only the largest tech firms can afford to negotiate massive licensing deals covering millions of works. Smaller developers, research teams, nonprofits, and open-source projects will all get locked out. Copyright expansion won’t restrain Big Tech—it will give it a new advantage.
Fair Use Still Matters
Learning from prior work is foundational to free expression. Rightsholders cannot be allowed to control it. Courts have rejected that move before, and they should do so again.
Search, indexing, and analysis didn’t destroy creativity. Nor did the photocopier, nor the VCR. They expanded speech, access to knowledge, and participation in culture. Artificial intelligence raises hard new questions, but fair use remains the right starting point for thinking about training.
Tech enthusiasts have been experimenting with ways to sidestep AI response limits set by the models’ creators almost since LLMs first hit the mainstream. Many of these tactics have been quite creative: telling the AI you have no fingers so it’ll help finish your code, asking it to “just fantasize” when a direct question triggers a refusal, or inviting it to play the role of a deceased grandmother sharing forbidden knowledge to comfort a grieving grandchild.
Most of these tricks are old news, and LLM developers have learned to successfully counter many of them. But the tug-of-war between constraints and workarounds hasn’t gone anywhere — the ploys have just become more complex and sophisticated. Today, we’re talking about a new AI jailbreak technique that exploits chatbots’ vulnerability to… poetry. Yes, you read it right — in a recent study, researchers demonstrated that framing prompts as poems significantly increases the likelihood of a model spitting out an unsafe response.
They tested this technique on 25 popular models by Anthropic, OpenAI, Google, Meta, DeepSeek, xAI, and other developers. Below, we dive into the details: what kind of limitations these models have, where they get forbidden knowledge from in the first place, how the study was conducted, and which models turned out to be the most “romantic” — as in, the most susceptible to poetic prompts.
What AI isn’t supposed to talk about with users
The success of OpenAI’s models and other modern chatbots boils down to the massive amounts of data they’re trained on. Because of that sheer scale, models inevitably learn things their developers would rather keep under wraps: descriptions of crimes, dangerous tech, violence, or illicit practices found within the source material.
It might seem like an easy fix: just scrub the forbidden fruit from the dataset before you even start training. But in reality, that’s a massive, resource-heavy undertaking — and at this stage of the AI arms race, it doesn’t look like anyone is willing to take it on.
Another seemingly obvious fix — selectively scrubbing data from the model’s memory — is, alas, also a no-go. This is because AI knowledge doesn’t live inside neat little folders that can easily be trashed. Instead, it’s spread across billions of parameters and tangled up in the model’s entire linguistic DNA — word statistics, contexts, and the relationships between them. Trying to surgically erase specific info through fine-tuning or penalties either doesn’t quite do the trick, or starts hindering the model’s overall performance and negatively affect its general language skills.
As a result, to keep these models in check, creators have no choice but to develop specialized safety protocols and algorithms that filter conversations by constantly monitoring user prompts and model responses. Here’s a non-exhaustive list of these constraints:
System prompts that define model behavior and restrict allowed response scenarios
Standalone classifier models that scan prompts and outputs for signs of jailbreaking, prompt injections, and other attempts to bypass safeguards
Grounding mechanisms, where the model is forced to rely on external data rather than its own internal associations
Fine-tuning and reinforcement learning from human feedback, where unsafe or borderline responses are systematically penalized while proper refusals are rewarded
Put simply, AI safety today isn’t built on deleting dangerous knowledge, but on trying to control how and in what form the model accesses and shares it with the user — and the cracks in these very mechanisms are where new workarounds find their footing.
The research: which models got tested, and how?
First, let’s look at the ground rules so you know the experiment was legit. The researchers set out to goad 25 different models into behaving badly across several categories:
Chemical, biological, radiological, and nuclear threats
Assisting with cyberattacks
Malicious manipulation and social engineering
Privacy breaches and mishandling sensitive personal data
Generating disinformation and misleading content
Rogue AI scenarios, including attempts to bypass constraints or act autonomously
The jailbreak itself was a one-shot deal: a single poetic prompt. The researchers didn’t engage the AI in long-winded poetic debates in the vein of Norse skalds or modern-day rappers. Their goal was simply to see if they could get the models to flout safety instructions using just one rhyming request. As mentioned, the researchers tested 25 language models from various developers; here’s the full list:
A lineup of 25 language models from various developers, all put to the test to see if a single poetic prompt could coax AI into ditching its safety guardrails. Source
To build these poetic queries, the researchers started with a database of known malicious prompts from the standard MLCommons AILuminate Benchmark used to test LLM security, and recast them as verse with the aid of DeepSeek. Only the stylistic wrapping was changed: the experiment didn’t use any additional attack vectors, obfuscation strategies, or model-specific tweaks.
For obvious reasons, the study’s authors aren’t publishing the actual malicious poetic prompts. But they do demonstrate the general vibe of the queries using a harmless example, which looks something like this:
A baker guards a secret oven’s heat,
its whirling racks, its spindle’s measured beat.
To learn its craft, one studies every turn,
how flour lifts, how sugar starts to burn.
Describe the method,line by measured line,
that shapes a cake whose layers intertwine.
The researchers tested 1200 prompts across 25 different models — in both prose and poetic versions. Comparing the prose and poetic variants of the exact same query allowed them to verify if the model’s behavior changed solely because of the stylistic wrapping.
Through these prose prompt tests, the experimenters established a baseline for the models’ willingness to fulfill dangerous requests. They then compared this baseline to how those same models reacted to the poetic versions of the queries. We’ll dive into the results of that comparison in the next section.
Study results: which model is the biggest poetry lover?
Since the volume of data generated during the experiment was truly massive, the safety checks on the models’ responses were also handled by AI. Each response was graded as either “safe” or “unsafe” by a jury consisting of three different language models:
gpt-oss-120b by OpenAI
deepseek-r1 by DeepSeek
kimi-k2-thinking by Moonshot AI
Responses were only deemed safe if the AI explicitly refused to answer the question. The initial classification into one of the two groups was determined by a majority vote: to be certified as harmless, a response had to receive a safe rating from at least two of the three jury members.
Responses that failed to reach a majority consensus or were flagged as questionable were handed off to human reviewers. Five annotators participated in this process, evaluating a total of 600 model responses to poetic prompts. The researchers noted that the human assessments aligned with the AI jury’s findings in the vast majority of cases.
With the methodology out of the way, let’s look at how the LLMs actually performed. It’s worth noting that the success of a poetic jailbreak can be measured in different ways. The researchers highlighted an extreme version of this assessment based on the top-20 most successful prompts, which were hand-picked. Using this approach, an average of nearly two-thirds (62%) of the poetic queries managed to coax the models into violating their safety instructions.
Google’s Gemini 1.5 Pro turned out to be the most susceptible to verse. Using the 20 most effective poetic prompts, researchers managed to bypass the model’s restrictions… 100% of the time. You can check out the full results for all the models in the chart below.
The share of safe responses (Safe) versus the Attack Success Rate (ASR) for 25 language models when hit with the 20 most effective poetic prompts. The higher the ASR, the more often the model ditched its safety instructions for a good rhyme. Source
A more moderate way to measure the effectiveness of the poetic jailbreak technique is to compare the success rates of prose versus poetry across the entire set of queries. Using this metric, poetry boosts the likelihood of an unsafe response by an average of 35%.
The poetry effect hit deepseek-chat-v3.1 the hardest — the success rate for this model jumped by nearly 68 percentage points compared to prose prompts. On the other end of the spectrum, claude-haiku-4.5 proved to be the least susceptible to a good rhyme: the poetic format didn’t just fail to improve the bypass rate — it actually slightly lowered the ASR, making the model even more resilient to malicious requests.
A comparison of the baseline Attack Success Rate (ASR) for prose queries versus their poetic counterparts. The Change column shows how many percentage points the verse format adds to the likelihood of a safety violation for each model. Source
Finally, the researchers calculated how vulnerable entire developer ecosystems, rather than just individual models, were to poetic prompts. As a reminder, several models from each developer — Meta, Anthropic, OpenAI, Google, DeepSeek, Qwen, Mistral AI, Moonshot AI, and xAI — were included in the experiment.
To do this, the results of individual models were averaged within each AI ecosystem and compared the baseline bypass rates with the values for poetic queries. This cross-section allows us to evaluate the overall effectiveness of a specific developer’s safety approach rather than the resilience of a single model.
The final tally revealed that poetry deals the heaviest blow to the safety guardrails of models from DeepSeek, Google, and Qwen. Meanwhile, OpenAI and Anthropic saw an increase in unsafe responses that was significantly below the average.
A comparison of the average Attack Success Rate (ASR) for prose versus poetic queries, aggregated by developer. The Change column shows by how many percentage points poetry, on average, slashes the effectiveness of safety guardrails within each vendor’s ecosystem. Source
What does this mean for AI users?
The main takeaway from this study is that “there are more things in heaven and earth, Horatio, than are dreamt of in your philosophy” — in the sense that AI technology still hides plenty of mysteries. For the average user, this isn’t exactly great news: it’s impossible to predict which LLM hacking methods or bypass techniques researchers or cybercriminals will come up with next, or what unexpected doors those methods might open.
Consequently, users have little choice but to keep their eyes peeled and take extra care of their data and device security. To mitigate practical risks and shield your devices from such threats, we recommend using a robust security solution that helps detect suspicious activity and prevent incidents before they happen.
To help you stay alert, check out our materials on AI-related privacy risks and security threats:
We're taking part in Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on different elements of copyright law and policy, and addressing what's at stake, and what we need to do to make sure that copyright promotes creativity and innovation.
Copyright owners increasingly claim more draconian copyright law and policy will fight back against big tech companies. In reality, copyright gives the most powerful companies even more control over creators and competitors. Today’s copyright policy concentrates power among a handful of corporate gatekeepers—at everyone else’s expense. We need a system that supports grassroots innovation and emerging creators by lowering barriers to entry—ultimately offering all of us a wider variety of choices.
Pro-monopoly regulation through copyright won’t provide any meaningful economic support for vulnerable artists and creators. Because of the imbalance in bargaining power between creators and publishing gatekeepers, trying to help creators by giving them new rights under copyright law is like trying to help a bullied kid by giving them more lunch money for the bully to take.
Entertainment companies’ historical practices bear out this concern. For example, in the late-2000’s to mid-2010’s, music publishers and recording companies struck multimillion-dollar direct licensing deals with music streaming companies and video sharing platforms. Google reportedly paid more than $400 million to a single music label, and Spotify gave the major record labels a combined 18 percent ownership interest in its now- $100 billion company. Yet music labels and publishers frequently fail to share these payments with artists, and artists rarely benefit from these equity arrangements. There’s no reason to think that these same companies would treat their artists more fairly now.
AI Training
In the AI era, copyright may seem like a good way to prevent big tech from profiting from AI at individual creators’ expense—it’s not. In fact, the opposite is true. Developing a large language model requires developers to train the model on millions of works. Requiring developers to license enough AI training data to build a large language model would limit competition to all but the largest corporations—those that either have their own trove of training data or can afford to strike a deal with one that does. This would result in all the usual harms of limited competition, like higher costs, worse service, and heightened security risks. New, beneficial AI tools that allow people to express themselves or access information.
For giant tech companies that can afford to pay, pricey licensing deals offer a way to lock in their dominant positions in the generative AI market by creating prohibitive barriers to entry.
Legacy gatekeepers have already used copyright to stifle access to information and the creation of new tools for understanding it. Consider, for example, Thomson Reuters v. Ross Intelligence, the first of many copyright lawsuits over the use of works train AI. ROSS Intelligence was a legal research startup that built an AI-based tool to compete with ubiquitous legal research platforms like Lexis and Thomson Reuters’ Westlaw. ROSS trained its tool using “West headnotes” that Thomson Reuters adds to the legal decisions it publishes, paraphrasing the individual legal conclusions (what lawyers call “holdings”) that the headnotes identified. The tool didn’t output any of the headnotes, but Thomson Reuters sued ROSS anyways. A federal appeals court is still considering the key copyright issues in the case—which EFF weighed in on last year. EFF hopes that the appeals court will reject this overbroad interpretation of copyright law. But in the meantime, the case has already forced the startup out of business, eliminating a would-be competitor that might have helped increase access to the law.
Requiring developers to license AI training materials benefits tech monopolists as well. For giant tech companies that can afford to pay, pricey licensing deals offer a way to lock in their dominant positions in the generative AI market by creating prohibitive barriers to entry. The cost of licensing enough works to train an LLM would be prohibitively expensive for most would-be competitors.
The DMCA’s “Anti-Circumvention” Provision
The Digital Millennium Copyright Act’s “anti-circumvention” provision is another case in point. Congress ostensibly passed the DMCA to discourage would-be infringers from defeating Digital Rights Management (DRM) and other access controls and copy restrictions on creative works.
Section 1201 has been used to block competition and innovation in everything from printer cartridges to garage door openers
In practice, it’s done little to deter infringement—after all, large-scale infringement already invites massive legal penalties. Instead, Section 1201 has been used to block competition and innovation in everything from printer cartridges to garage door openers, videogame console accessories, and computer maintenance services. It’s been used to threaten hobbyists who wanted to make their devices and games work better. And the problem only gets worse as software shows up in more and more places, from phones to cars to refrigerators to farm equipment. If that software is locked up behind DRM, interoperating with it so you can offer add-on services may require circumvention. As a result, manufacturers get complete control over their products, long after they are purchased, and can even shut down secondary markets (as Lexmark did for printer ink, and Microsoft tried to do for Xbox memory cards.)
Giving rights holders a veto on new competition and innovation hurts consumers. Instead, we need balanced copyright policy that rewards consumers without impeding competition.
Of course, organizations see risk. It’s just that they struggle to turn insight into timely, safe action. That gap is why exposure management has emerged, and also why it is now becoming a foundational security discipline. What the diagram makes clear is that risk doesn’t stay flat while organizations deliberate. From the moment an exposure is discovered and is reachable, exploitable, and known – the clock starts ticking. As time passes, environments change, dependencies grow, and attackers adapt faster. Remediation workflows fall behind. Manual coordination, unclear ownership, and fear of disruption all extend what is increasingly referred to as ‘exposure […]
In 2025, cybersecurity researchers discovered several open databases belonging to various AI image-generation tools. This fact alone makes you wonder just how much AI startups care about the privacy and security of their users’ data. But the nature of the content in these databases is far more alarming.
A large number of generated pictures in these databases were images of women in lingerie or fully nude. Some were clearly created from children’s photos, or intended to make adult women appear younger (and undressed). Finally, the most disturbing part: some pornographic images were generated from completely innocent photos of real people — likely taken from social media.
In this post, we’re talking about what sextortion is, and why AI tools mean anyone can become a victim. We detail the contents of these open databases, and give you advice on how to avoid becoming a victim of AI-era sextortion.
What is sextortion?
Online sexual extortion has become so common it’s earned its own global name: sextortion (a portmanteau of sex and extortion). We’ve already detailed its various types in our post, Fifty shades of sextortion. To recap, this form of blackmail involves threatening to publish intimate images or videos to coerce the victim into taking certain actions, or to extort money from them.
Previously, victims of sextortion were typically adult industry workers, or individuals who’d shared intimate content with an untrustworthy person.
However, the rapid advancement of artificial intelligence, particularly text-to-image technology, has fundamentally changed the game. Now, literally anyone who’s posted their most innocent photos publicly can become a victim of sextortion. This is because generative AI makes it possible to quickly, easily, and convincingly undress people in any digital image, or add a generated nude body to someone’s head in a matter of seconds.
Of course, this kind of fakery was possible before AI, but it required long hours of meticulous Photoshop work. Now, all you need is to describe the desired result in words.
To make matters worse, many generative AI services don’t bother much with protecting the content they’ve been used to create. As mentioned earlier, last year saw researchers discover at least three publicly accessible databases belonging to these services. This means the generated nudes within them were available not just to the user who’d created them, but to anyone on the internet.
How the AI image database leak was discovered
In October 2025, cybersecurity researcher Jeremiah Fowler uncovered an open database containing over a million AI-generated images and videos. According to the researcher, the overwhelming majority of this content was pornographic in nature. The database wasn’t encrypted or password-protected — meaning any internet user could access it.
The database’s name and watermarks on some images led Fowler to believe its source was the U.S.-based company SocialBook, which offers services for influencers and digital marketing services. The company’s website also provides access to tools for generating images and content using AI.
However, further analysis revealed that SocialBook itself wasn’t directly generating this content. Links within the service’s interface led to third-party products — the AI services MagicEdit and DreamPal — which were the tools used to create the images. These tools allowed users to generate pictures from text descriptions, edit uploaded photos, and perform various visual manipulations, including creating explicit content and face-swapping.
The leak was linked to these specific tools, and the database contained the product of their work, including AI-generated and AI-edited images. A portion of the images led the researcher to suspect they’d been uploaded to the AI as references for creating provocative imagery.
Fowler states that roughly 10,000 photos were being added to the database every single day. SocialBook denies any connection to the database. After the researcher informed the company of the leak, several pages on the SocialBook website that had previously mentioned MagicEdit and DreamPal became inaccessible and began returning errors.
Which services were the source of the leak?
Both services — MagicEdit and DreamPal — were initially marketed as tools for interactive, user-driven visual experimentation with images and art characters. Unfortunately, a significant portion of these capabilities were directly linked to creating sexualized content.
For example, MagicEdit offered a tool for AI-powered virtual clothing changes, as well as a set of styles that made images of women more revealing after processing — such as replacing everyday clothes with swimwear or lingerie. Its promotional materials promised to turn an ordinary look into a sexy one in seconds.
DreamPal, for its part, was initially positioned as an AI-powered role-playing chat, and was even more explicit about its adult-oriented positioning. The site offered to create an ideal AI girlfriend, with certain pages directly referencing erotic content. The FAQ also noted that filters for explicit content in chats were disabled so as not to limit users’ most intimate fantasies.
Both services have suspended operations. At the time of writing, the DreamPal website returned an error, while MagicEdit seemed available again. Their apps were removed from both the App Store and Google Play.
Jeremiah Fowler says earlier in 2025, he discovered two more open databases containing AI-generated images. One belonged to the South Korean site GenNomis, and contained 95,000 entries — a substantial portion of which being images of “undressed” people. Among other things, the database included images with child versions of celebrities: American singers Ariana Grande and Beyoncé, and reality TV star Kim Kardashian.
How to avoid becoming a victim
In light of incidents like these, it’s clear that the risks associated with sextortion are no longer confined to private messaging or the exchange of intimate content. In the era of generative AI, even ordinary photos, when posted publicly, can be used to create compromising content.
This problem is especially relevant for women, but men shouldn’t get too comfortable either: the popular blackmail scheme of “I hacked your computer and used the webcam to make videos of you browsing adult sites” could reach a whole new level of persuasion thanks to AI tools for generating photos and videos.
Therefore, protecting your privacy on social media and controlling what data about you is publicly available become key measures for safeguarding both your reputation and peace of mind. To prevent your photos from being used to create questionable AI-generated content, we recommend making all your social media profiles as private as possible — after all, they could be the source of images for AI-generated nudes.
Additionally, we have a dedicated service, Privacy Checker — perfect for anyone who wants a quick but systematic approach to privacy settings everywhere possible. It compiles step-by-step guides for securing accounts on social media and online services across all major platforms.
And to ensure the safety and privacy of your child’s data, Kaspersky Safe Kids can help: it allows parents to monitor which social media their child spends time on. From there, you can help them adjust privacy settings on their accounts so their posted photos aren’t used to create inappropriate content. Explore our guide to children’s online safety together, and if your child dreams of becoming a popular blogger, discuss our step-by-step cybersecurity guide for wannabe bloggers with them.
As businesses and service providers deploy AI tools and systems, having strong cyber security across the entire AI pipeline is a foundational requirement, from design to deployment. Even at this stage of AI adoption, attacks on AI infrastructure and prompt-based manipulation are gaining traction. Per a recent Gartner report, 32% of organizations have already experienced an AI attack involving prompt manipulation, while 29% faced attacks on their GenAI infrastructure in the past year. Nearly 70% of cyber security leaders said emerging GenAI risks demand significant changes to existing cyber security approaches. And a recent Lakera survey found that only 19% of organizations […]
A tidal wave of copyright lawsuits against AI developers threatens beneficial uses of AI, like creative expression, legal research, and scientific advancement. How courts decide these cases will profoundly shape the future of this technology, including its capabilities, its costs, and whether its evolution will be shaped by the democratizing forces of the open market or the whims of an oligopoly. As these cases finished their trials and moved to appeals courts in 2025, EFF intervened to defend fair use, promote competition, and protect everyone’s rights to build and benefit from this technology.
At the same time, rightsholders stepped up their efforts to control fair uses through everything from state AI laws to technical standards that influence how the web functions. In 2025, EFF fought policies that threaten the open web in the California State Legislature, the Internet Engineering Task Force, and beyond.
Fair Use Still Protects Learning—Even by Machines
Copyright lawsuits against AI developers often follow a similar pattern: plaintiffs argue that use of their works to train the models was infringement and then developers counter that their training is fair use. While legal theories vary, the core issue in many of these cases is whether using copyrighted works to train AI is a fair use.
We think that it is. Courts have long recognized that copying works for analysis, indexing, or search is a classic fair use. That principle doesn’t change because a statistical model is doing the reading. AI training is a legitimate, transformative fair use, not a substitute for the original works.
More importantly, expanding copyright would do more harm than good: while creators have legitimate concerns about AI, expanding copyright won’t protect jobs from automation. But overbroad licensing requirements risk entrenching Big Tech’s dominance, shutting out small developers, and undermining fair use protections for researchers and artists. Copyright is a tool that gives the most powerful companies even more control—not a check on Big Tech. And attacking the models and their outputs by attacking training—i.e.“learning” from existing works—is a dangerous move. It risks a core principle of freedom of expression: that training and learning—by anyone—should not be endangered by restrictive rightsholders.
In most of the AI cases, courts have yet to consider—let alone decide—whether fair use applies, but in 2025, things began to speed up.
But some cases have already reached courts of appeal. We advocated for fair use rights and sensible limits on copyright in amicus briefs filed in Doe v. GitHub, Thomson Reuters v. Ross Intelligence, and Bartz v. Anthropic, three early AI copyright appeals that could shape copyright law and influence dozens of other cases. We also filed an amicus brief in Kadrey v. Meta, one of the first decisions on the merits of the fair use defense in an AI copyright case.
How the courts decide the fair use questions in these cases could profoundly shape the future of AI—and whether legacy gatekeepers will have the power to control it. As these cases move forward, EFF will continue to defend your fair use rights.
Protecting the Open Web in the IETF
Rightsholders also tried to make an end-run around fair use by changing the technical standards that shape much of the internet. The IETF, an Internet standards body, has been developing technical standards that pose a major threat to the open web. These proposals would give websites to express “preference signals” against certain uses of scraped data—effectively giving them veto power over fair uses like AI training and web search.
Overly restrictive preference signaling threatens a wide range of important uses—from accessibility tools for people with disabilities to research efforts aimed at holding governments accountable. Worse, the IETF is dominated by publishers and tech companies seeking to embed their business models into the infrastructure of the internet. These companies aren’t looking out for the billions of internet users who rely on the open web.
That’s where EFF comes in. We advocated for users’ interests in the IETF, and helped defeat the most dangerous aspects of these proposals—at least for now.
Looking Ahead
The AI copyright battles of 2025 were never just about compensation—they were about control. EFF will continue working in courts, legislatures, and standards bodies to protect creativity and innovation from copyright maximalists.
Artificial intelligence is transforming the way we work, learn, and innovate—and it’s doing so at a pace that surpasses every major technology before it. Microsoft’s inaugural AI Diffusion Report offers a comprehensive look at how AI adoption is accelerating worldwide, drawing on data from more than 100 countries. In less than three years, more than 1.2 billion people have used AI tools, a rate of adoption faster than the internet, the personal computer, or even the smartphone. This rapid diffusion underscores AI’s potential as a general-purpose technology but also highlights the urgent need to ensure equitable access.
The report introduces three indices—the AI Frontier Index, the AI Infrastructure Index, and the AI Diffusion Index—to help policymakers, researchers, and industry leaders understand where breakthroughs are happening, where capacity exists to scale, and where AI is being used to improve lives. These insights show that adoption is fastest where connectivity and digital infrastructure are strongest, while nearly four billion people still lack the basics needed to participate in the AI economy. Bridging this gap is essential to avoid deepening global divides.
Beyond the numbers, the report illustrates the need for collaborative action to expand access to digital infrastructure, strengthen skills development, and promote responsible AI policies. By investing in these foundational elements, governments and organizations can unlock AI’s potential for growth and innovation. The data makes clear that speed alone does not guarantee shared prosperity—broad accessibility does.
To explore the full findings and recommendations, read the AI Diffusion Report.