Like Company alleges Gemini infringed its press publisher rights; Google disputes the claim

Like Company alleges unauthorized reuse of its articles. Google contests liability, while Szpunar proposes a conditional test and suggests the submitted Gemini example may not meet it. His opinion is nonbinding.

Google's name on the glass facade of its headquarters in Mountain View, California.
Google headquarters in Mountain View, California, photographed on July 27, 2016.

Case period:

Published by The Dispute Index editorial teamPublished Updated

Like CompanyGoogle LLCMaciej Szpunar

Overview

The Hungarian publisher Like Company sued Google Ireland over alleged reuse of its articles through Bard and Gemini. The Hungarian court referred questions about that dispute to the EU court. Szpunar's November 3, 2026 opinion describes the parties' positions and the questions referred. Opinion (opens in a new tab)

He proposes treating two training questions as inadmissible because nothing supports the assumption that Like Company's articles were used in training and because training is not an online use under the publishers' right. He distinguishes training from real-time retrieval. For retrieval and answers, he says reproduction occurs if a chatbot accesses a publication unlawfully or if its protected expression is recognizable in an answer to the point that a reader can skip the original. Those acts are attributed to the provider only if they are inherent to its business model or it failed to take appropriate measures. The publishers' right does not protect facts as such. He provisionally suggests the submitted example may not satisfy his test, subject to the Hungarian court's findings.

This is an advocate general's proposed approach, not a final judgment. The parties' positions are documented in the opinion; the dates of their underlying observations have not been established here. Court explanation (opens in a new tab)

Timeline

1 timeline entry on this page. Dates: November 3, 2026

  1. November 2026

    1. Szpunar delivers his nonbinding opinion

      Source release

      The advocate general proposes a test for news retrieval and reuse, distinguishes training questions and provisionally assesses the submitted example. The Court of Justice has not adopted his opinion as a judgment.

      [01]Opinion of Advocate General Szpunar in Like Company v. Google Ireland

      Szpunar records the parties' arguments and proposes a legal test for retrieval and reuse of press publications. The opinion is nonbinding and separates those questions from hypothetical training claims.

      Opinion of Advocate General Szpunar in Like Company v. Google IrelandCase C-250/25; points 14-21, 36-56, 170-171, 187-209, 218-222 and 224-240
      [02]CJEU press release on the Like Company opinion

      The court explains the advocate general's proposed approach and states that his opinion does not bind the Court of Justice.

      CJEU press release on the Like Company opinionPress release No. 155/26, pages 1-3

Claims

Claims separate what was said from what is contested. Follow each source for the original wording and context.

What's disputed

Disputed claim

Maciej Szpunar

Real-time chatbot retrieval and reuse of press publications may infringe publishers' rights when the access or resulting output meets the conditions in Szpunar's proposed test and the acts are attributable to the chatbot provider.

What is disputed

The opinion suggests the submitted example may not satisfy those conditions and is not binding on the Court of Justice.

Sources (1)

Arguments

  1. Documented position

    Like Company, submissions described at points 14-19 of the opinion

    The publisher alleges unauthorized reproduction

    Like Company alleges that its articles were used without permission for training or retrieval and that chatbot responses reproduced and made its publications available to the public.

    Limit of this argument

    The opinion says the training allegation lacks an established factual basis and provisionally questions infringement in the submitted example.

    Read sources

    Sources

  1. Documented position

    Google Ireland, submissions recorded at points 48, 170 and 204 of the opinion; the Commission joined the different-wording position

    Google contests training and copying in the example

    Google contests the assertion that summarizing an article proves it was used in training. The opinion also records the position of Google and the Commission that the article and answer share facts expressed in different terms.

    Limit of this argument

    Szpunar says different wording is not decisive in itself because reproduction can survive rephrasing where the form of expression remains recognizable. He also rejects Google's implied-consent argument.

    Read sources

    Sources

Response record

Responses

Choose one response filter, or select All responses to see the full record.

1 response. Newest first.

  1. Maciej SzpunarFirst Advocate General of the Court of Justice of the European UnionDirectly involved

    Before this statement

    After setting out his proposed conditions, he says the Hungarian referring court must decide whether they are met in the main proceedings.

    "Subject to that court’s findings, it would appear that that is not the case."
    Mixed or conditional

    Case context: Like Company alleges Gemini infringed its press publisher rights; Google disputes the claim

    Full statement and sources

    Szpunar proposes a conditional infringement test for news retrieval and outputs, then suggests the submitted example may not meet it, subject to the national court's findings.

    After the statement

    His opinion is advisory. The Court of Justice is not bound by it, and the national court retains the factual assessment.

    Opinion of Advocate General Szpunar in Like Company v. Google IrelandCase C-250/25; points 14-21, 36-56, 170-171, 187-209, 218-222 and 224-240
    CJEU press release on the Like Company opinionPress release No. 155/26, pages 1-3

    Why this label?

    For Gemini's reuse, Szpunar identifies circumstances that can infringe but makes liability depend on legal and factual conditions and doubts the submitted example meets them.

    This label describes the statement's response within the context above.

Sources

(2)

Original text

Opinion of Advocate General Szpunar in Like Company v. Google Ireland

Opinion of Advocate General Szpunar in Like Company v. Google Ireland (opens in a new tab)Case C-250/25; points 14-21, 36-56, 170-171, 187-209, 218-222 and 224-240
Read source (opens in a new tab)

Relevant passage: Case C-250/25; points 14-21, 36-56, 170-171, 187-209, 218-222 and 224-240

About this source

Szpunar records the parties' arguments and proposes a legal test for retrieval and reuse of press publications. The opinion is nonbinding and separates those questions from hypothetical training claims.

Author
Maciej Szpunar
Published
Accessed

Official statement

CJEU press release on the Like Company opinion

Read source (opens in a new tab)

Relevant passage: Press release No. 155/26, pages 1-3

About this source

The court explains the advocate general's proposed approach and states that his opinion does not bind the Court of Justice.

Author
Court of Justice of the European Union
Published
Accessed
Archived copy (opens in a new tab)

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Cite this record

Publisher
The Dispute Index
Title
Like Company alleges Gemini infringed its press publisher rights; Google disputes the claim
First published
Last updated
Permalink
https://disputeindex.com/cases/like-company-google-gemini-news-reuse-szpunar-opinion

The Dispute Index. "Like Company alleges Gemini infringed its press publisher rights; Google disputes the claim". First published: 2026-11-06. Last updated: 2026-11-06. https://disputeindex.com/cases/like-company-google-gemini-news-reuse-szpunar-opinion