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…
search engine -> search terms -> search command
Google accepted the argument up to that point. Then they argued that they are not responsible for the search result. The court argued that what they did was not a search (or not protected the way a search is).
The argument whether Gemini, ChatGPT or Claude are search engines and whether a prompt is search terms is a different argument. Certainly an interesting one, but not what that court looked at.
It's not just about the output, the input matters also.