Article written by Andres Guadamuz, University of Sussex.
An end to the input-output dichotomy in AI copyright? Like Company v Google takes an unexpected turn
I’ve been following the CJEU case C-250/25 Like Company v Google hearing with interest (my initial thoughts on the case here). I won’t attempt to cover the entirety of the proceedings, I’ve already accumulated plenty of notes for that, but I want to focus on one specific aspect that jumped out at me: a line of questioning from Advocate General Szpunar that I found particularly problematic, and which deserves immediate commentary.
Before I get to that, a few general comments about the proceedings. I’ve been writing about AI and TDM since 2012, and more specifically about what we now call generative AI since 2015, so I’ve become deeply familiar with the intricacies of the debate. The downside of that familiarity is that I tend to assume others understand at least the basics as well as I do, and I get a bit of a shock when I witness non-experts grappling with a very complex technical issue. The lawyers, advocates, and the judges involved did a very good job in trying to understand the technology and how it fits with copyright, but I could notice several times where the non-specialist parties appeared to be struggling with some concepts. I’m reminded of this famous xkcd cartoon: