Google Gets AI Search Case Dismissed, but Publishers Still Face Major Risks

Google is getting the dismissal it sought in a case challenging its approach to AI-powered search. However, the ruling does not endorse the impact that AI search may have on publishers, journalists, educators, and other online creators.

Judge Acknowledges Harm to Web Publishers

Judge Mehta acknowledged that Google’s approach to AI search may be unfair to web publishers, even if it does not violate antitrust law.

“The court does not discount the harm Plaintiffs allege. We also have no sympathy for the current situation for publishers and the ramifications for journalists, educators, and other online creators whose content is being taken and reused by Google for free.”

Antitrust Law Cannot Replace New AI Legislation

The case ultimately turns on the nature of innovation. Google is changing how its search engine operates, and that shift could have serious financial consequences for websites that depend on search traffic. However, not all economic harm suffered by a company results from illegal activity.

Mehta said antitrust laws cannot be used as a substitute for legislative action simply because a business practice appears unfair.

“Courts are obligated to apply the law only as written, and not in the way that the court or the parties think it should be.”

More Legal Challenges to Google AI Search Are Likely

Google will likely face additional legal challenges over AI search. Without new legislation, however, publishers may face an uphill battle in U.S. courts as lawmakers struggle to adapt existing laws to the AI era.

Publishers may have better prospects overseas. The European Commission is considering similar issues and has generally taken a tougher view of conduct by major technology companies. In the UK, Google was also ordered to provide an AI opt-out feature for websites that want to remain in organic search results.

Google’s Plans to Pay Publishers Face Obstacles

Google is exploring ways to pay websites directly for contributing content to AI-generated answers. However, that pilot program has reportedly struggled in negotiations with publishers.