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Reason
Reason
Politics
Eugene Volokh

Large Libel Models Ruling in Germany, Allowing Liability Against Google AI

From Matthias Bastian (The Decoder) Tuesday:

Landmark German ruling declares Google's AI Overviews are Google's own words and makes it liable for false answers ….

The Regional Court of Munich hit Google with a temporary injunction barring the company from spreading false claims about two Munich-based publishers through its AI-generated search overviews (case no. 26 O 869/26). The court classified Google as a direct infringer because the "AI overview" is its own content, not just a list of search results.

Google's AI overviews had falsely tied two publishing companies to scams, subscription traps, and shady business practices for certain search queries. According to the court, the AI mixed up information about other, genuinely sketchy companies with the plaintiffs and drew connections that didn't appear in any of the linked sources. The publishers sent Google a cease-and-desist letter, but Google didn't respond appropriately….

Google's AI overviews work nothing like traditional search results, the court argues. The AI rewrites and judges results "in its own words and according to its own structure," the ruling says. In the case at hand, for example, it opened with confident claims like "Yes, [company] is known for dubious business practices," then built its own structure with a summary, red flags for the alleged scam, and tips for users.

The court also found that the AI overview made claims "that are not even made in the search results." None of the linked sources drew any connection between the plaintiffs and the shady companies the AI mentioned. The court called these "the defendant's own statements." …

At the hearing, Google argued that users could check the linked sources themselves to verify whether the AI summary was correct. Users generally knew "that information generated with AI should not be blindly trusted," the company claimed….

The court rejected this. The possibility of disproving a statement through further research doesn't "regularly exempt from liability for this statement." …

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