EFF has filed amicus briefs in Concord Music Group, Inc. v. Anthropic PBC and In re Mosaic LLM Litigation, urging courts to reject rightsholders' "market dilution" theory that generative AI training cannot be fair use. EFF argues copyright punishes infringement, not competition, and that expanding protections would undermine fair use and copyright's constitutional purpose. The piece compares AI fears to past panics, citing John Phillip Sousa's 1906 claim that the player piano and gramophone would destroy music composition.
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