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German ruling declares Google liable for false answers in AI Overviews

the-decoder.com

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Re: German ruling declares Google liable for false answers in AI Overviews

#271
We are actually a victim too, in the same situation as these two publishers. Google's AI makes up false accusations in search result AI overview about our business. We have sent countless feedback to Google in the past 4 months, contacted their legal team 3 times, all got ignored. Google's AI just pukes untrue, misinformation about us, every time the page is refreshed, AI just makes up new accusations and false information, links us to bad actors baselessly, if you refresh the page 10 times, there are 10 different versions, seriously damaged our revenue and reputation. We have filled complaint with the state AG's office, FTC and DOJ. If anyone in legal can help us, please reach out. Thanks. kevinsuntopdev@gmail.com

Re: German ruling declares Google liable for false answers in AI Overviews

#272

If I get it correctly I like the ruling. So Google has established a product called Search. For that product rules have been established. Google has monopolized that product. Now Google is replacing that product with a new product. But they keep calling it the same thing. Because they want to keep their monopoly. That is what has been deemed illegal. Gemini is not illegal. Pretending the worst version of Gemini is Se…

It has nothing to do with monopolies. Google was protected from defamation law with search because the page title and snippets were direct quotes from the linked result page. Whereas with AI overviews, the copy is written by a Google-controlled LLM.

I recall "Large Libel Models" was one of the sobriquets going around.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4546063

Re: German ruling declares Google liable for false answers in AI Overviews

#274
post #18

Good. The true mark of AGI is when a company accepts liability and doesn’t bury “for entertainment purposes only” deep in their TOS. Same as it works with employees. Same for self-driving. Your car is not self-driving until it accepts liability and you count as just a passenger. But watch as Germany soon loses AI Google results.

> But watch as Germany soon loses AI Google results.

That would be a boon for Germany in my book. If you wanted AI results you could go use an AI.

Re: German ruling declares Google liable for false answers in AI Overviews

#275

If I get it correctly I like the ruling. So Google has established a product called Search. For that product rules have been established. Google has monopolized that product. Now Google is replacing that product with a new product. But they keep calling it the same thing. Because they want to keep their monopoly. That is what has been deemed illegal. Gemini is not illegal. Pretending the worst version of Gemini is Se…

It has nothing to do with monopolies. Google was protected from defamation law with search because the page title and snippets were direct quotes from the linked result page. Whereas with AI overviews, the copy is written by a Google-controlled LLM.

Yes, the monopoly is not relevant for the court.

It is relevant for Google though, because they want to transfer it to another product.

And the court is saying that whatever that new product is, Google is not allowed to mislead the public by pretending it is search.

Re: German ruling declares Google liable for false answers in AI Overviews

#277

Earlier quoted context omitted.

I'm seeing this sentiment more and more these days and it's worrying. Essentially people are starting to believe massive corporations should be able to get away with more than individuals. This is completely backwards considering the enormous impact a corporation can have, but that's what people are starting to think. I've heard people argue that corporations should be able to straight up lie and deceive to protect t…

Corporations are you. Corporations provide a service to individuals, often in exchange for money. Restricting corporations from doing something is the same as restricting people from receiving that as a service.

I guess we're all just temporarily confused FAANGs.

Re: German ruling declares Google liable for false answers in AI Overviews

#278
post #159

Earlier quoted context omitted.

How much does Germany follow case law? If this could set a precedent, it's worth noting that anyone can generate these AI overview responses and they're wrong like 9 times out of 10 only.

In common with most of Europe, German legal system is not based on case law. It's more firmly rooted in formal laws and regulations and judges are not required to follow precedent.

The difference is quite subtle in common law v. continental law systems. In continental traditions, nobody really says a higher court decision is binding in the same sense as they do in common law. But even in common law, lower courts have the power to distinguish a case from a binding decision from a higher court. Or later courts may state that a particular argument used by a judge in the higher court was just 'obiter dicta' and not part of the 'ratio decidendi'. In continental systems, for most court processes, higher courts do have a strong persuasive power without formal binding (sometimes it may be stronger than your average "obiter dicta" in common law). So, there is a whole spectrum in obiter dicta as well. This decision was a preliminary injunction only from Landgericht Munich - you will have a final injunction order: https://the-decoder.de/wp-content/uploads/2026/06/26_O_869_2...

In Germany, you also have the Oberlandesgericht and the Bundesgerichtshof as a higher venue for civil cases (and the Constitutional Court as well). So, this is not like "the law has changed" at all. (I'm not a German qualified lawyer, but qualified in a close enough continental system, and on my way to be qualified in a common law jurisdiction soon, that's why I dare to comment on this aspect)

Re: German ruling declares Google liable for false answers in AI Overviews

#279

My feelings about this rest of the scope of liability. From my understanding, Google is now liable if making false claims about a personal/business reputation. I like this idea in theory (key word). However, I can easily see the slippery slope where in practice this means providing any AI response becomes too risky, and it becomes another money club used to extract wealth from big tech due to the current hysterical a…

It is not anti-AI, it is anti misusing AI. Clearly you are trying to manipulate the situation here. If your AI is half baked and produce garbages, you should be liable for the damage of those garbages, that applies to any product or service on this planet, not only just AI.If your product or service is defect, that causes harm, you are liable.

Re: German ruling declares Google liable for false answers in AI Overviews

#280
post #18

Good. The true mark of AGI is when a company accepts liability and doesn’t bury “for entertainment purposes only” deep in their TOS. Same as it works with employees. Same for self-driving. Your car is not self-driving until it accepts liability and you count as just a passenger. But watch as Germany soon loses AI Google results.

I think it's a completely reasonable position that companies making self-driving cars and question/answer systems are legally liable for any errors. But if you hold that position, you also have to be fine with companies not offering products and services in your country. AI systems will eventually be good enough (in 10-20 years) for companies to be able to deploy such systems with sufficient accuracy to afford the la…

Plenty of products are legal in some countries and not in others.
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