Rights of press publishers and AI: Google receives a fine of 250 million euros.

General background

The training of generative AIs on protected content crystallizes tensions, especially in the press publishing sector, which is already weakened by the reuse of content on digital platforms. While in the United States the New York Time is suing OpenAI for copyright infringement, in France, the newspaper Le Monde and OpenAI have just concluded a partnership.

Background of the French Competition Authority's sanction

This case dates back to 2020 and aims to force Google to apply the new provisions relating to the related right of press publishers, which allows them to be paid in the event of the resumption of their publications on digital platforms. Google had made commitments that were not respected, hence the sanction that has just been pronounced.

What is the relationship with AI?

In its penalty decision issued on 15 March last year, the Autorité de la Concurrence was interested in the training of Google's AI, Gemini (formerly Bard) and found that it had been trained on press publications without informing the right holders and without allowing them to exercise an opt out.

Why does this decision need attention?

While, according to the Autorité de la Concurrence, the question of a possible infringement of the neighbouring rights of press publishers by training generative AI on press publications has not yet been resolved, it still sanctions Google for illegal training of its AI on the basis of non-compliance with its commitments to the transparency and neutrality of negotiations relating to the related rights of press publishers.

What will be the impact of this decision?

This decision comes while the dispute between the New York Times and OpenAI across the Atlantic has not yet been resolved, in the absence of a judicial solution, it seems that this litigation is already setting a precedent. This is evidenced by the partnership concluded a few weeks later by OpenAI with Le Monde and a German press publisher and the negotiations launched by Apple with several major press groups. In the field of press publishing, the future seems to be giving way to the contractually controlled training of generative AIs. In any case, it seems to me that the decision of the Autorité de la Concurrence is much less trivial than it seems for the future of generative AIs.

Link to the decision of the Autorité de la Concurrence dated 15 March 2024

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This article has been written by Betty Jeulin and the English translation generated with AI.