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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

#351

Earlier quoted context omitted.

Multiple people report that comments such as "Service was slow", or three star rating without comment were removed. If Google started to show how many reviews were removed, it was because the lawfare started to seriously affect the ratings.

Anecdotal

Of course, Google spends engineering/legal hours to make country-specific changes relative to problems that do not exist.

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

#352

Earlier quoted context omitted.

It should be noted that defamation law has a very low threshold in Germany, to the point that businesses routinely sue Google Maps users for less-than-5-stars reviews. Google had to change their display of reviews because of this. Three stars review is taken down for "libel": https://support.google.com/maps/thread/367778263/google-maps... HNer gets a legal threat after saying that he didn't like a doctor: https://new…

See also: Germany's leader filing hundreds of criminal complaints against people who insult him on social media: https://rmx.news/article/germany-chancellor-merz-quietly-fil...

Shocking, only 10 short years since this (when Merkel was Chancellor): Turkey asks Germany to prosecute comedian Jan Böhmermann (Germany's equivalent of John Stewart) over Erdoğan poem

https://news.ycombinator.com/item?id=11474967

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

#353

Earlier quoted context omitted.

See also: Germany's leader filing hundreds of criminal complaints against people who insult him on social media: https://rmx.news/article/germany-chancellor-merz-quietly-fil...

"Germany's leader" - that's how you know it's a low-brow article.

Except the article doesn't say that, only the comment here does.

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

#354

Earlier quoted context omitted.

I wrote a one star review and posted pictures of a badly burnt pizza served at a restaurant in Berlin. Google sent me an email telling me they removed that because the restaurant filed a defamation claim

[flagged]

The entire concept of a review is that it's one person's opinion.

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

#355

Earlier quoted context omitted.

I wrote a one star review and posted pictures of a badly burnt pizza served at a restaurant in Berlin. Google sent me an email telling me they removed that because the restaurant filed a defamation claim

[flagged]

Something like this happened to me too, for what it's worth. I wrote a completely factual description of my bad experience with a shop, and then got a nasty notice from Google that my review was being taken down because of a defamation claim.

I looked up how this works, and I found ads for law firms that specialize in removing bad reviews. They charge a set price for each review they remove. As a regular consumer, you just have to accept that your honest reviews will be removed, unless you're willing to risk going to court, where you'll have to prove that your subjective experience was accurate.

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

#356

Earlier quoted context omitted.

See also: Germany's leader filing hundreds of criminal complaints against people who insult him on social media: https://rmx.news/article/germany-chancellor-merz-quietly-fil...

"Germany's leader" - that's how you know it's a low-brow article.

[deleted]

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

#357
post #266

The confusion is due to blurring of distinction between the roles: Tool, Tool user and Tool provider. Traditionally, a human-agent who can have an intent and trigger an action is held liable for the consequences of the actions, not the tool. That human agent can be the tool user or tool provider. Tool user is liable in the case of misuse unintended purpose of the tool. Tool provider is liable when the use of the tool…

The article shows a really good point: statements must be accountable on their own, and cannot rely on "further research". This makes complete sense: at what point can I libel someone, and then dodge consequences with "if you do your research, you can get the facts"?

Another point from the article: they are not just aggregating content, but generating it. If you generate falsehoods, that are not even stated by your sources, of course you're responsible.

This can have significant impact to AI in Germany and the rest of Europe, but it's good to question it and hold people accountable.

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

#358

Earlier quoted context omitted.

> Same for self-driving. Your car is not self-driving until it accepts liability and you count as just a passenger Mercedes-Benz does this in limited cases. Waymo does it generally. (In China, Level 4 and 5 transfers risk to the manufacturer. This is the correct way to do it.)

That's not exactly the case in China, the current state of FSD is still pretty dumb, unless you consider transferring control back to the user at the very last minute before it crashes a proper way to handle risks.

Huh, have any good sources on self-driving liability in China? I’m beginning to suspect mine are biased.

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

#359

Earlier quoted context omitted.

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.

I'm not sure. Is it really just the misleading part that the court takes issue with, i.e portraying Gemini output as a search result? In my view, the ruling could mean that Gemini's output is legally seen as first-person speech by Google regardless of where it is published.

Sure that could be the worst case. But then we are in the case law vs. continental law debate for lawyers.

When I wrote "Gemini is not illegal" it would have been more correct to say that the court has not decided about Gemini but specifically about search.

And I do think it makes sense to distinguish between explicitly chatting with an LLM and entering something in the search bar people have used for decades now.

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

#360

Earlier quoted context omitted.

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.

I'm not sure. Is it really just the misleading part that the court takes issue with, i.e portraying Gemini output as a search result? In my view, the ruling could mean that Gemini's output is legally seen as first-person speech by Google regardless of where it is published.

I think that will depend. If person publishes it as their own speech Google is likely not fully liable. On other hand as Google publishes it as their own speech on their own site well they are fully liable.

To me it seems pretty reasonable that content Google generates with Gemini and publishes on their own google.com domain is their speech. Or at least they are fully editorially responsible.

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