Observed Signal · Nov 3, 2026 · Policy Update · Source: t3n · Impact: 4/5 · Sentiment: Negative
CJEU Advocate General: AI chatbots may violate publisher rights
The European Court of Justice (CJEU) is set to rule on a landmark case involving Hungarian publisher Like Company's allegations that Google's AI chatbot Gemini infringed copyright by reproducing news articles during AI training and generating responses. Advocate General Maciej Szpunar advised the court that AI chatbots could, under certain circumstances, violate the rights of press publishers when they retrieve and reuse online press publications in real time to generate answers. However, he noted that there was no evidence that the articles were used for training. The opinion also clarified that only the specific expression of publications is protected, not the reported facts, and that chatbot providers could be liable if such use is systematic or part of their business model. While the CJEU typically follows such opinions, a final ruling is pending.
The CJEU's stance on AI training and copyright could set a major legal precedent affecting AI model providers and publishers across Europe, directly impacting the generative AI and AdTech ecosystem.
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Key Takeaways & Evidence Grounding
- The CJEU is considering a case against Google's AI chatbot Gemini brought by Hungarian publisher Like Company.
- Advocate General Maciej Szpunar concluded that AI chatbots can, under certain circumstances, infringe press publisher rights.
- Szpunar found no evidence that Google used news articles for AI training.
- The opinion states that only the specific expression of publications, not facts, is protected.
- A final CJEU ruling has not yet been issued.
Connected Companies & Entities
1 Entity mapped“The company behind the AI chatbot Gemini, accused of reproducing and making available news articles during AI training.”
Ontology Mapping & Concepts
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EU Classifies ChatGPT as Very Large Online Search Engine
The EU Commission has classified ChatGPT as a very large online search engine under the Digital Services Act, prompting Swiss media association VSM to call for copyright reform. VSM argues that AI chatbots increasingly provide generated answers instead of links to journalistic sources, with over 99% of users not clicking through to sources, thereby depriving publishers of traffic and ad revenue. VSM demands a technology-neutral copyright law that obliges AI providers to compensate journalistic work. The German media authority ZAK has also ruled that media law applies to AI search services, with decisions against Google and Perplexity. The Swiss parliament has referred a related proposal back to the Federal Council to examine AI's impact on search engines and platforms.
German media law applies to AI search and chatbots
The Commission for Supervision and Licensing of the State Media Authorities (ZAK) has issued its first rulings finding AI search engines and chatbots — including offerings from Google and Perplexity — are content providers subject to German media law. After commissioning a legal opinion and through proceedings led by Hamburg‑Schleswig Holstein (MA HSH) and Berlin‑Brandenburg (mabb), ZAK concluded AI‑generated answers constitute providers’ own content and therefore cannot benefit from the intermediary liability privilege under the EU Digital Services Act, meaning major services (including ChatGPT-style products) will face media‑law obligations and potential liability under German rules. The decisions require transparent disclosure of how links are selected and placed to preserve journalistic diversity and allow affected providers to seek legal remedies. Article published 2026-07-14.
European Publishers Accuse Google of AI Antitrust Violations
The European Publishers Council (EPC) has filed an antitrust complaint with the European Commission accusing Google of abusing its dominant search position by using publishers’ content in AI features within Google Search. The complaint targets Google’s AI Overviews (AI-generated summaries shown above results) and AI Mode (a chatbot-like interface), alleging use without proper authorization, absence of a realistic opt-out for publishers, lack of fair remuneration, and diversion of traffic that undermines a licensing market. EPC members include News UK, Axel Springer, The Guardian, Grupo Prisa, Bauer Media and Condé Nast. Google described the claims as inaccurate; its IP lead Roxanne Carter has said payment may be appropriate for content that is regurgitated but not for material used solely for model training. The EPC asks regulators to give publishers control over content use and to create fair licensing and remuneration frameworks.
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