Google sued for using copyrighted works in Gemini

Google Faces New Legal Battle Over AI

A group of publishers and authors has recently filed a class action lawsuit against Google, accusing the tech giant of illegally appropriating their copyrighted works to train its artificial intelligence, Gemini. This lawsuit highlights the growing tensions between content creators and tech companies that exploit these works to develop sophisticated AI models.

Among the plaintiffs are notable names such as Hachette, Cengage, Elsevier, as well as author Scott Turow and the organization S.C.R.I.B.E. They allege that Google not only used their works without permission but also intentionally deleted or modified copyright information to conceal the fact that its Gemini model was trained on materials they describe as "stolen."

A Growing Trend of Litigation Against AI Giants

This lawsuit is part of a broader context where many publishers, authors, and other copyright holders have initiated legal actions against AI companies like Google, Meta, OpenAI, and Anthropic. While several of these cases are still ongoing, two recent rulings in California have favored the AI companies, determining that the use of protected works for AI training falls under "fair use" according to U.S. copyright law, which has not been updated since the advent of the Internet.

However, not all rulings have gone in the same direction. Anthropic was recently ordered to pay a staggering $1.5 billion for using protected works without permission. This landmark judgment has allowed around 500,000 writers to claim compensation of at least $3,000 each. Despite this, a significant number of authors have chosen not to accept this settlement, preferring to explore other legal avenues to defend their rights.

The Implications of Judicial Decisions

The decisions made by California judges do not guarantee a certain future for tech companies regarding fair use. The debate remains complex, and the rulings made so far do not constitute a definitive precedent. The new lawsuit against Google, filed in the U.S. District Court for the Southern District of New York, presents a new opportunity for a judge to rule on these delicate issues.

In this case, publishers have a historical and complex relationship with Google. The complaint emphasizes that for a long time, publishers and authors have provided protected works to Google to make them searchable via Google Books. This service allows users to access excerpts of books and bibliographic information without revealing the entirety of the works. The plaintiffs accuse Google of having used these books, as well as those downloaded from the Google Play Store, to train Gemini without prior authorization.

Financial Risks for Google

According to the complaint, Google allegedly copied works from limited-access programs to train its AI, fully aware of the lack of authorization. The plaintiffs also reference an internal Google document, which suggests that using protected books for AI training could pose major legal problems for the company, with potential fines ranging from $10 to $100 billion.

For now, Google has not publicly responded to these allegations, leaving uncertainty about its defense strategy against these claims.