The court found that, unlike traditional search engines that merely present lists of links to third-party statements, Google’s tool made “independent, new, and substantive statements” based on its own misinterpretation of links on the Internet.
That’s a problem, the court said, because while publishers may have been able to sue to stop third parties from publishing defamatory statements appearing in Google search results, only Google can correct the underlying algorithm and outputs displayed in AI Overviews. And because, at least initially, the company did not, it therefore “must be held accountable,” the court ruled. Beyond that, Google’s argument was deemed particularly weak, since the AI overview in this case “contains statements that do not appear in the search results at all.”
The court’s order—requiring a temporary injunction barring Google from spreading the false claims in any further AI Overviews—may have global implications, as the court seems to be the first to hold an AI firm liable for AI speech.
— “Nobody needs AI to search the Internet, court says in ruling against Google,” Ars Technica
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