Publishers have always found themselves at loggerheads with makers of generative AI data models over their use of often copyrighted material for training of the AI models. Now, in a fresh new twist, the competition authority in France, Autorité de la Concurrence has imposed a fine of €250 million on Google for misusing news publishers’ data without consent of the publishers, TechCrunch reported. The Autorité de la Concurrence also accused Google of flouting previous commitments it had made to the news publishers.
What is of particular concern is the manner Google has got into utilizing content from news publishers for training of its generative AI model Bard/Gemini. This, the competition watchdog asserts is a case of breach of copyright agreements. The authorities ruled that Google has failed to notify news publishers about the use of their copyrighted content for training AI models, despite earlier commitments aimed at ensuring fair compensation for content reuse.
It has been the 2019 EU digital copyright reform that brought news headlines and snippets under the ambit of copyright protections. Google initially attempted to circumvent these regulations by shutting down Google News in France. However, this unilateral action was swiftly deemed an abuse of its dominant market position by the competition authority, prompting Google to engage in negotiations with local publishers regarding content reuse.
Despite signing copyright agreements with hundreds of publishers in France, Google has repeatedly come under fire for its negotiation tactics and opaque methodologies. The competition authority has criticized Google for its lack of transparency in providing information to publishers, as well as for imposing discriminatory practices such as setting a minimum threshold for remuneration, below which publishers receive no compensation regardless of their circumstances.
Moreover, Google’s misuse of news content for training its AI models has raised concerns about compliance with EU copyright laws. While Google cites Article 4 of the EU Copyright Directive, which allows for text and data mining under certain conditions, the competition authority argues that Google’s actions may still constitute a breach of copyright agreements.
Looking ahead, the enforcement of new AI legislation in the EU may bring greater accountability for tech companies like Google in their handling of copyrighted content. Transparency requirements outlined in the legislation aim to ensure that developers provide detailed summaries of the content used to train AI models, potentially making it easier for news publishers to seek fair compensation for their content.
As the dust settles on this latest chapter in the Google-France saga, it underscores the growing scrutiny faced by tech companies over their handling of data and content and the need for clearer regulations to protect the rights of content creators and publishers.
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