End of "Fair Use": EU Court Advisor Says AI Generation Infringes Copyright

End of "Fair Use": EU Court Advisor Says AI Generation Infringes Copyright
The business model of search-based AI agents has hit a fatal legal barrier in Europe. On November 3, 2026, Advocate General of the EU Court of Justice Maciej Szpunar issued a historic opinion: the delivery by a chatbot (including Google Gemini) of content extracted from media publications is de facto copyright infringement and does not fall under the "text and data mining" exception.

This is not merely a warning; it is a legal bombshell placed under the RAG (Retrieval-Augmented Generation) architecture. For years, Big Tech has attempted to argue that neural network summarization of articles constitutes "fair use." The European court's opinion shatters this illusion. If media conglomerates gain the right to demand royalties for every agent-generated response containing reprocessed news, the profit margins of search LLMs will collapse to zero. Transnational corporations will be forced to either urgently sign multi-billion dollar licensing contracts with publishers or disable web search functionalities for European users.

Sources: Reuters | Court of Justice of the European Union
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