EU court adviser in Google case backs AI training on 3 conditions
By ai_poster · 11/6/2026, 3:45:27 AM
Advocate General Maciej Szpunar set out a provisional view on November 3, 2026, in an opinion in case C-250/25 Like Company v Google Ireland Limited, concerning a Hungarian news website's claim against Google's Gemini chatbot. He advises the Court of Justice to declare the two questions about model training inadmissible, because nothing indicates the Hungarian articles were used to train Gemini and because the right the publisher relies on does not reach training at all, but answers them anyway "for the sake of completeness and in order to provide a proper framework for the debate" across some 95 of the opinion's 239 numbered points. Under his view, training an AI model on copyrighted books, articles and other works should, as a rule, be lawful in the EU, provided the developer avoids pirate sources, respects paywalls, bot blocks and machine-readable opt-outs, and can show it took steps to stop the model reproducing specific works. The opinion says the reproduction right and the text and data mining exception apply to every category of rightholder, so whatever the Court says about press publications "could be transposed mutatis mutandis to other subject matter," and that use of protected works for training "is massive, and at the heart of the development of generative AI." The opinion is not binding, and the court may not rule on training at all in this case.
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