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coolgopher [soylentnews.org] writes:

"A German court has ruled that Google is directly liable for what its AI search overviews say. Previous case law shielding search engine operators from liability doesn't apply to AI overviews.

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."

"The court also examined existing rulings from Germany's Federal Court of Justice (BGH), which gave traditional search engines and autocomplete limited liability. The BGH had argued that search engine operators were only liable as indirect infringers because they merely made third-party content findable. A proactive duty to check results would threaten how search engines work.

The Munich court found that this reasoning doesn't apply to AI overviews. A regular search engine just points to outside websites. But AI overviews generate "independent, new, and substantive statements" by evaluating and combining content from various third-party sites. And only Google can check those statements, the court said, "at least by comparing the underlying third-party websites with its own statements based on them.""

The ruling may also have international reach, according to the court.

https://the-decoder.com/landmark-german-ruling-declares-googles-ai-overviews-are-googles-own-words-and-makes-it-liable-for-false-answers/ [the-decoder.com]

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