EU Legal Opinion Highlights Risks for Generative AI

Google may be violating European Union copyright regulations when its artificial intelligence chatbot Gemini incorporates journalism into generated responses under particular conditions, according to a formal opinion issued by a senior legal adviser to the Luxembourg-based Court of Justice of the European Union.

Advocate General Maciej Szpunar delivered the assessment regarding a legal dispute initiated by Like Company, a Hungarian digital publishing entity, against Google's AI interface. The core of the matter centers on whether automated systems that digest and relay journalistic reporting owe financial compensation or licensing arrangements to content creators.

Distinguishing Fair Training from Reproduction Infringement

The opinion draws a distinct line between backend model training and user-facing output generation. Szpunar noted that leveraging protected content during the training phase of large language models falls within established legal safe harbors, remaining permitted under provisions governing text and data mining exceptions.

However, the advocate general explained that publishers' exclusive rights can be compromised during user queries under specific operational circumstances:

  • Accessing online editorial material by bypassing paywalls or technical restrictions designed to restrict automated entry.
  • Generating responses that mirror or reproduce the recognizable expressive form of the original journalistic work rather than just unprotectable underlying facts.

Legal principles confirm that raw data and factual developments themselves do not enjoy copyright protection. Instead, legal safeguards shield only the individual, original formulation and creative structure crafted by the journalist or publishing house.

Implications for Digital Media and Tech Platforms

The progression of this dispute represents a critical juncture for both technology conglomerates and online news publishers. Many digital publishers have experienced sharp declines in referral audiences as modern search interfaces transition toward direct conversational summaries rather than traditional link-driven results pages.

If the final judicial ruling aligns with the adviser's reasoning, tech developers could face mounting requirements to establish revenue-sharing mechanisms or licensing deals when summarizing proprietary news content. Although recommendations provided by advocate generals carry no statutory obligation, judges presiding over the European Union's top court regularly incorporate their findings into conclusive determinations.