AG Szpunar opinion in Like Company v Google: training Gemini on news articles is copyright-relevant reproduction

technollama · x · 2026-11-06

Andres Guadamuz (TechnoLlama) offers a first reaction to the long-awaited Advocate General opinion in the landmark CJEU case Like Company v Google.

Background: Hungarian publisher Like Company, which runs regional news portals, found its article about introducing freshwater dolphins into Lake Balaton summarized by Google's chatbot — with a few details added. The publisher sued Google Ireland, claiming infringement of its press publishers' right under Article 15 of the DSM Directive, both via the use of its articles to train Gemini and via the chatbot's answers. In April 2025 the Budapest Regional Court referred four questions to the CJEU on whether chatbot outputs reproduce and make available press publications, whether LLM training involves reproduction, and whether the text and data mining exception applies.

Key points: This is the first CJEU case touching LLM training and chatbot output copyright liability. AG Szpunar's opinion is unusually long and rich, and its analysis of training data and TDM exceptions is expected to shape AI copyright compliance for years; the author highlights several issues he considers most important going forward.

Related event: EU Court Adviser: Training Gemini on News Articles Is Copyright-Regulated Copying(2 posts)→

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