German court rules Google is liable for whatever Google’s “AI” generates

Source: OSNews

It’s just a ruling from a lower court, but it sets the stage for how European courts are going to deal with the question of who is liable for whatever slop “AI” generates.

The Regional Court of Munich hit Google with a temporary injunction barring the company from spreading false claims about two Munich-based publishers through its AI-generated search overviews (case no. 26 O 869/26). The court classified Google as a direct infringer because the “AI overview” is its own content, not just a list of search results.

Google’s AI overviews had falsely tied two publishing companies to scams, subscription traps, and shady business practices for certain search queries. According to the court, the AI mixed up information about other, genuinely sketchy companies with the plaintiffs and drew connections that didn’t appear in any of the linked sources. The publishers sent Google a cease-and-desist letter, but Google didn’t respond appropriately.

↫ Matthias Bastian at The Decoder

Google tried to argue it doesn’t carry any responsibility or liability for whatever slop its “AI” generate, but the German court does not agree. According to the court, “AI” overviews are not the same as regular search results, because they rewrite findings and just make shit up, thereby making claims that are nowhere to be found in any search results (or in reality in general). Furthermore, the court states that Google develops the “AI”, it runs it, it offers it to users, and Google alone controls its output, and as such, Google is liable for whatever their “AI” produces.

Google also tried to argue that users know not to trust anything an “AI” produces, which is hilarious considering how hard Google is pushing these tools, but the courts state that the ability of users to do further research does not absolve Google of liability. In addition, the court made it very clear that free speech protections absolutely do not apply, because the “AI” expressions are coming from an algorithm, not a person, and are above all an expression of Google’s business activities”.

In other words, if an “AI” tool generates false accusations and misleading statements, the creator of said “AI” is liable. With this ruling in hand, countless other people have a stronger case to make whenever Google or any other company tries to absolve itself from liability from slop just because a pachinko machine generated it.

Excellent news, and the only fair outcome.