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AIQuiet 5d · day 5

EU court adviser: Google's Gemini may infringe publishers' copyright

Advocate General Szpunar backs Hungarian publisher Like Company's case against Gemini, though AI training itself stays exempt.

What to know

  • A non-binding EU Advocate General opinion says Gemini can infringe publishers' copyright when it reuses article content to answer queries, but training AI on public text remains protected by the text-and-data-mining exception.
  • The case, brought by Hungarian site Like Company, is part of broader tension between news publishers and AI chatbots that publishers say divert traffic without compensation.
  • The Court of Justice of the EU, which usually follows its advisers' opinions, is expected to issue a binding ruling within months; an adverse ruling could force Google to pay publishers for content use.

“European law's text and data mining 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.”

Google spokesperson, Company statement · Channel News Asia ↗ · Nov 2

Maciej Szpunar Advocate General, Court of Justice of the EUGoogle Developer of the Gemini chatbot, defendantLike Company Hungarian website operator, plaintiffCourt of Justice of the European Union Luxembourg-based court hearing the case

EU court adviser: Google's Gemini may infringe publishers' copyright
Channel News Asia

How it unfolded 2 developments, newest first · click a bar or a number to jump articles

Peak 5 pieces in two hours at Nov 3, 10 AM; 23 pieces over 5 days (20 articles · 3 posts) Nov 3, 4 AM — 3 pieces · 3 articles — Newswires 3Nov 3, 6 AM — 4 pieces · 4 articles — Newswires 4Nov 3, 8 AM — 2 pieces · 2 posts — Hacker News 1, Reddit 1Nov 3, 10 AM — 5 pieces · 5 articles — Google News 5Nov 3, 12 PM — 2 pieces · 2 articles — Google News 1, Newswires 1Nov 3, 2 PM — 5 pieces · 5 articles — Newswires 3, Google News 2Nov 3, 4 PM — 2 pieces · 1 article · 1 post — Mastodon 1, Newswires 1Nov 3, 6 PM — quietNov 3, 8 PM — quietNov 3, 10 PM — quietNov 4, 12 AM — quietNov 4, 2 AM — quietNov 4, 4 AM — quietNov 4, 6 AM — quietNov 4, 8 AM — quietNov 4, 10 AM — quietNov 4, 12 PM — quietNov 4, 2 PM — quietNov 4, 4 PM — quietNov 4, 6 PM — quietNov 4, 8 PM — quietNov 4, 10 PM — quietNov 5, 12 AM — quietNov 5, 2 AM — quietNov 5, 4 AM — quietNov 5, 6 AM — quietNov 5, 8 AM — quietNov 5, 10 AM — quietNov 5, 12 PM — quietNov 5, 2 PM — quietNov 5, 4 PM — quietNov 5, 6 PM — quietNov 5, 8 PM — quietNov 5, 10 PM — quietNov 6, 12 AM — quietNov 6, 2 AM — quietNov 6, 4 AM — quietNov 6, 6 AM — quietNov 6, 8 AM — quietNov 6, 10 AM — quietNov 6, 12 PM — quietNov 6, 2 PM — quietNov 6, 4 PM — quietNov 6, 6 PM — quietNov 6, 8 PM — quietNov 6, 10 PM — quietYesterday, 12 AM — quietYesterday, 2 AM — quietYesterday, 4 AM — quietYesterday, 6 AM — quietYesterday, 8 AM — quietYesterday, 10 AM — quietYesterday, 12 PM — quietYesterday, 2 PM — quietYesterday, 4 PM — quietYesterday, 6 PM — quietYesterday, 8 PM — quietYesterday, 10 PM — quietToday, 12 AM — quietToday, 2 AM — quietToday, 4 AM — quietToday, 6 AM — quietToday, 8 AM — quietToday, 10 AM — quietToday, 12 PM — quiet 12
Nov 4Nov 5Nov 6yesterdaynow · 1:10 PM ET
  1. 2

    Coverage frames opinion as a setback for Google ahead of CJEU ruling

    Wire and business outlets, including Reuters and WSJ, characterized the non-binding opinion as a setback for Google, noting the full Court of Justice of the EU—which usually follows its advisers' opinions—will issue a binding ruling in the coming months.

    1. first by ETLegalWorld.com, 5d ago · also WSJ, ET Enterprise AI, TradingView, Jerusalem Post, Channel News Asia, Reuters +3

      6 more headlines
  2. 1

    Google defends Gemini's reliance on text-and-data-mining exception

    A Google spokesperson welcomed the part of the opinion affirming that AI training on publicly available information is permitted, while asserting that Gemini creates original outputs and offers publishers opt-out controls.

    “Gemini learns linguistic patterns to create original outputs rather than replicating content, supported by extensive publisher controls that give rightsholders clear choice and the ability to opt out.”
    — Google spokesperson
  3. background

    Advocate General Szpunar backs publisher complaint against Gemini — In a case brought by Hungarian website operator Like Company, Szpunar advised the Court of Justice of the EU that Gemini's reuse of press articles to generate chatbot answers can infringe publishers' copyright in certain circumstances, while AI training itself remains covered by the text-and-data-mining exception.

Also covered reported alongside — the timeline has no entry for these yet

  1. first by Straits Times, 5d ago · also Investing.com News, Channel News Asia

and 3 smaller pieces