EU legal advisor sides with publishers in AI copyright dispute with Google

The case, initiated by Like Company, a Hungarian website operator, challenges Google’s artificial intelligence chatbot Gemini. Advocate General Maciej Szpunar’s recommendation to the Luxembourg-based Court of Justice of the European Union suggests a potential shift in how AI technology interacts with copyrighted material.

A favorable ruling for publishers like Like Company could provide crucial support for online media outlets struggling with declining traffic. AI chatbots, including Gemini, are increasingly replacing traditional search engine results, which previously directed users to these media websites.

“When an LLM-driven chatbot retrieves publication from a press publisher’s website, reuses that publication to generate an answer, and provides that answer to the user, the press publisher’s right may be infringed in certain circumstances,” Mr. Szpunar stated.

According to Mr. Szpunar, Gemini’s responses infringe on publishers’ reproduction rights when chatbots bypass paywalls or replicate the unique phrasing of published content. He clarified that copyright protection extends to the specific wording used, not simply the factual information conveyed.

Interestingly, the advisor noted that using copyrighted material to train LLMs is permissible under the text and data mining exception. The Court of Justice is expected to issue a final ruling in the coming months.

Google responded to the advisor’s opinion, emphasizing the importance of existing legal exceptions for AI development. A spokesperson stated, “European law’s text and datamining exceptions are vital for Europe’s competitiveness and AI development, and we acknowledge the Advocate General’s opinion recognising that EU law permits AI training on publicly available information.” The company maintains that Gemini generates original content and offers publishers controls to opt out of content usage.