Advocate General Maciej Szpunar, an adviser to the Court of Justice of the European Union, considers that Gemini may, in certain circumstances, infringe publishers’ rights by reproducing protected passages in its answers. His opinion, delivered on November 3, 2026, distinguishes between AI model training, which falls under the text-and-data-mining exception, and the generation of answers, which may infringe publishers’ rights. Case C-250/25 pits Hungarian press publisher Like Company against Google Ireland, which it alleges reproduced and communicated substantial parts of its articles between June 2023 and February 2024. Szpunar states that facts contained in an article are not protected by copyright, whereas the way they are expressed is; he also notes that Article 15 of the Digital Single Market Directive grants publishers specific rights over online uses of their publications. The advisory opinion does not bind the court, but its ruling could establish an important reference for European disputes over AI-generated answers and publishers’ rights.
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