Background
Like Company, a Hungarian press publisher operating various news portals, claims that Google Ireland’s chatbot Gemini reproduced and made available excerpts from its journalistic content without consent in response to user prompts. The Budapest District Court has referred multiple questions to the CJEU, and the case is pending.
AI interaction
From the request for preliminary ruling: “in response to the question … the defendant’s chatbot provided a detailed response which included a summary of the information appearing in the news media belonging to the applicant.” The case raises whether training LLMs constitutes reproduction under Article 2 of the InfoSoc Directive, whether summary-type outputs can amount to communication to the public (especially beyond “very short extracts”) under Article 15 of the DSM Directive, and whether the text and data mining exception (Article 4 DSM) can apply.