A Munich regional court has ruled (PDF) that Google can be held directly liable for false claims in AI Overviews. The case involved AI Overviews falsely linking two publishers to scams and shady business practices, with the court rejecting Google's argument that users could simply check the sources themselves. The Decoder reports: 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." Google built the AI, Google offered it to users, so Google owns what it produces, "because it alone has influence over the AI's offering and the algorithms with which the AI operates."
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 court also noted that the AI overview is "by no means absolutely necessary" for using the internet. Traditional search results already help users sort through information, the AI overview is just an extra feature. At the hearing, Google argued that users could check the linked sources themselves to verify if the AI summary was correct. It also said that these users knew "that information generated with AI should not be blindly trusted." The court rejected this.
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