Earlier quoted context omitted.
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.
Based on the article, the problem isn't that Google is attempting to present the AI Overview as "search" to the users. Google is attempting to claim to the court that AI Overviews are just like search, and the court isn't buying it. The problem here is that 1) the AI Overview is giving incorrect information, and 2) it is Google's own words ...which makes Google liable for anything false there. They weren't liable for…
If ai output is not copyrightable, it should not be considered personal output. So nobody should be responsible for it. Or if it is considered personal output, it should be copyrightable. Or perhaps the ai companies will be liable for all output, and they will therefore all cease to exist in any useful form? This seems like another alternative, where the output legal value is not central, but there will be a thousand different fights about how it is presented to others.