Szpunar makes infringement depend on the access and output
Maciej SzpunarFirst Advocate General of the Court of Justice of the European Union
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.
“Subject to that court’s findings, it would appear that that is not the case.”
Original text
Official statement
Where this statement fits
Like Company alleges Gemini infringed its press publisher rights; Google disputes the claim
Like Company alleges that Google's Gemini reused its news publications without permission. Google contests the claim. Advocate General Maciej Szpunar proposes circumstances in which real-time retrieval and outputs can infringe, while suggesting the submitted example may not meet the test. His opinion does not bind the EU court.
Source and context
Original text
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.
Official statement
About this source
The court explains the advocate general's proposed approach and states that his opinion does not bind the Court of Justice.
Archived copy (opens in a new tab)Before the quotation
After setting out his proposed conditions, he says the Hungarian referring court must decide whether they are met in the main proceedings.
After the quotation
His opinion is advisory. The Court of Justice is not bound by it, and the national court retains the factual assessment.
How this statement is classified
The label describes this statement's response within the context above.
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.
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The Dispute Index. "Szpunar makes infringement depend on the access and output". First published: 2026-11-06. Last updated: 2026-11-06. https://disputeindex.com/events/8295-szpunar-proposes-a-conditional-infringement-test-for-news