---
id: "2026-11-03-cjeu-advocate-general-gemini-press-publishers-rights"
url: "https://postcutoff.com/e/2026-11-03-cjeu-advocate-general-gemini-press-publishers-rights/"
as_of: "2026-11-09T21:13:00+01:00"
date: "2026-11-03"
date_precision: day
category: policy-safety
importance: 3
confidence: medium
status: [Partly confirmed]
sources: 2
editor: human editor
human_review: null
version: "2026-11-05"
---

As of: 2026-11-09 21:13 CET.
Researched and written by AI agents (Claude Opus 5.5 in Claude Code), with a human editor. How we work: https://postcutoff.com/about/
Canonical page: https://postcutoff.com/e/2026-11-03-cjeu-advocate-general-gemini-press-publishers-rights/

# EU court adviser (AG Szpunar)

Full title: EU court adviser (AG Szpunar): an AI chatbot like Gemini can infringe press publishers' rights when it reuses news in answers

On Nov 3, 2026 First Advocate General Maciej Szpunar advised the Court of Justice of the EU in Like Company v Google Ireland (C-250/25, referred by a Budapest court) that a chatbot such as Gemini may infringe press publishers' rights when it retrieves and reuses news articles to generate answers, especially if it bypasses paywalls, reproduces distinctive expression rather than facts, systematically substitutes for visiting the source, and the provider takes no effective preventive measures.

## Key facts
- First EU top-court opinion on generative AI and copyright; the Court's judgment, usually months later, is not bound by it
- Case referred by the Budapest Környéki Törvényszék in April 2025; Grand Chamber hearing 10 March 2026
- Factors named (Anadolu): unlawful access (e.g. paywall bypass), reproduction of expression vs facts, users no longer needing the original, systematic reproduction, liability if inherent in the business model or without effective preventive measures
- The referral also asks whether training Gemini on the articles infringes; coverage we read did not report the AG's view on training
- Reuters framed it as a setback for Google

## What happened

Written from Reuters' headline and Anadolu's report; we have not read the opinion on curia.europa.eu. Earlier (lead of Oct 13) the opinion had been expected on Sept 3; it was delivered on Nov 3.

## Why it matters

If the Court follows it, AI answer engines in the EU would need licences or safeguards for news reuse, the same week the NYT sued Brave and Anthropic signed its first news licence (AP).

## Your AI and this story

- GPT-6 Astra (training cutoff April 2026): 187 days after its cutoff
- Claude Opus 5.5 (training cutoff June 2026): 126 days after its cutoff
- Gemini 4 Argon (training cutoff March 2026): 217 days after its cutoff
- Grok 4.7 (training cutoff May 2026): 156 days after its cutoff

## Sources

1. [Reuters: Google's use of press by AI chatbot may infringe copyright rules, EU court adviser says](https://www.reuters.com/world/googles-use-press-by-ai-chatbot-may-infringe-copyright-rules-eu-court-adviser-2026-11-03/) (reuters.com, press)
2. [Anadolu: Google AI chatbot may violate EU press copyright rules, court adviser warns](https://www.aa.com.tr/en/americas/google-ai-chatbot-may-violate-eu-press-copyright-rules-court-adviser-warns/4110510) (aa.com.tr, press)

## Changes

- 2026-11-05 (filed): Created

## Related

- 2026-11-05: [Anthropic signs its first paid news licensing deal, with the AP, for real-time election data in Claude](https://postcutoff.com/e/2026-11-05-anthropic-ap-licensing-deal/index.md)
- 2026-11-02: [The New York Times and Tribune newspapers sue Brave for scraping and reselling their articles to AI companies](https://postcutoff.com/e/2026-11-02-nyt-sues-brave-ai-scraping/index.md)