CJEU advocate general: chatbots' real-time reuse of press content can infringe publishers' rights
Loo_Atreides · x · 2026-11-03
In the first generative AI case before the CJEU (C-250/25, Like Company v. Google), Advocate General Szpunar opined that chatbots' real-time retrieval and reuse of online press publications can infringe publishers' rights in some circumstances. Copyright protects expression, not facts; infringement hinges on unlawful access (e.g., bypassing paywalls) and whether expressive form rather than mere facts is copied. If publishers signaled disagreement via technical means like robots.txt, reuse should be deemed a systematic infringement of expression. Providers are liable for infringements inherent in their business model absent effective remedies. The AG also recommended dismissing the questions on LLM training; opinions are non-binding but influential.
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