Google faces EU antitrust investigation over use of online content for AI without compensation

Reviewed byNidhi Govil

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The European Commission launched an antitrust probe into Google's use of web publishers' content and YouTube videos for AI purposes. The investigation examines whether Google breached EU competition rules by imposing unfair terms on content creators, failing to provide adequate compensation, and disadvantaging rival AI developers through privileged access to training data.

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Google Under EU Scrutiny for AI Content Practices

The European Commission opened an EU antitrust investigation on Tuesday into Google's practices surrounding the use of online content for AI purposes, marking another significant regulatory challenge for the tech giant owned by Alphabet

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. The probe focuses on whether Google breached competition rules by using content from web publishers and YouTube to develop and power its AI services, including its Gemini AI model, without providing adequate compensation or allowing creators to opt out

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EU competition Commissioner Teresa Ribera emphasized that while AI brings innovation and benefits across Europe, "this progress cannot come at the expense of the principles at the heart of our societies"

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. The investigation will examine whether Google is disadvantaging rival AI developers through unfair practices and privileged access to content.

YouTube Content and Training AI Models at the Center

The European Commission raised specific concerns about Google's handling of YouTube content for training AI models. According to the investigation, content creators uploading videos on YouTube must grant Google permission to use their data for various purposes, including training generative AI models

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. The commission noted that Google does not remunerate YouTube content creators for this use, nor does it allow them to upload content without granting such permissions

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Critically, while Google requires creators to provide access to their content, YouTube policies simultaneously bar rival developers of AI models from using YouTube content to train their own systems

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. This dual approach raises questions about whether Google is granting itself privileged access while placing competitors at a disadvantage, potentially constituting a breach of EU competition rules.

Web Publishers Face Similar Concerns

The probe also examines Google's use of content from web publishers to generate AI-powered services on its search results pages. The European Commission expressed concern that Google may be using publisher content without appropriate compensation and without offering an opt-out option

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. This relates particularly to Google's AI-generated summaries that appear in response to user search queries and its "AI Mode" search tab, which functions similarly to a chatbot

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Many web publishers depend heavily on Google Search for user traffic, creating a power imbalance that the commission appears intent on examining. Ribera stated the investigation would assess whether Google imposed "unfair terms and conditions on publishers and content creators, while placing rival AI models developers at a disadvantage"

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Broader Implications for AI Development

The investigation carries significant implications for how tech companies can source and use training data for AI development. The commission emphasized that "a free and democratic society depends on diverse media, open access to information, and a vibrant creative landscape"

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. This framing suggests the EU views inadequate compensation for content as not merely a commercial issue but one affecting fundamental societal values.

There is no deadline for the European Commission to complete its investigation, and the opening of a probe does not prejudge its outcome

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. However, Google risks a hefty fine if found in violation. The timing is particularly sensitive given escalating transatlantic tensions, especially after Brussels imposed a €120 million fine on Elon Musk's X for breaching the Digital Services Act (DSA)

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The probe represents the latest effort by European regulators to establish clear boundaries around AI innovation, balancing technological advancement with fair competition and creator rights. For rival AI developers, the investigation could level the playing field if it results in changes to how dominant platforms like Google access and utilize training data. For content creators and publishers, the outcome may determine whether they receive compensation for their role in powering AI systems that generate billions in value for tech companies.

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