The non-binding legal opinion was issued by Advocate General Maciej Szpunar concerning a lawsuit filed by Hungarian website operator Like Company against Google. Szpunar determined that Gemini may violate copyright laws when it retrieves, reuses, and delivers a publisher's protected form of expression directly to a user, though raw facts themselves remain unprotected. In contrast, he concluded that training large language models on copyrighted works is broadly allowed under current text and data mining exceptions. Judges at Europe's highest court generally adopt the advocate general's formal guidance in their final rulings.
Key points
Chatbot operators face potential infringement claims when their systems reuse and deliver…: Chatbot operators face potential infringement claims when their systems reuse and deliver expressive journalistic content to end users.
Developing and training artificial intelligence models remains insulated from infringemen…: Developing and training artificial intelligence models remains insulated from infringement claims by existing statutory data mining provisions.
The advisory opinion strongly hints at the final ruling because European top court judges…: The advisory opinion strongly hints at the final ruling because European top court judges typically adhere to the advocate general's advice.
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BRUSSELS, Nov 3 : An adviser to Europe's highest court said on Tuesday that the use of press publications by Google's artificial intelligence chatbot Gemini may in certain circumstances infringe copyright rules.
"When an LLM-driven chatbot retrieves a 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," Advocate General Maciej Szpunar said.
Copyright rules do not protect the "mere facts" reported by press publications, but "only the specific form of expression", he added.
On the other hand, he said the use of material protected by copyright to train large language models is "freely permitted under the text and data mining exception."
Szpunar was advising the court in a case brought by Hungarian website operator Like Company against Google.
Opinions of the advocate-general are usually followed by the court's judges.
The joint initiative brings together a domestic power producer, an investment firm, and a cloud provider to expand regional technological infrastructure. This collaborative effort addresses the rising computational demands of modern machine learning workloads by securing dedicated large-scale energy capacity.
European Union legal scrutiny is mounting over tech companies utilizing published journalism without proper authorization. An opinion from a court adviser highlights rising regulatory friction surrounding automated systems and intellectual property protections. The position signals potential legal liability under current European Union copyright frameworks for developers deploying publisher content.
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