TL;DR

The European Commission has opened an investigation into whether Google is breaching EU competition rules by using content from web publishers and YouTube creators to train its Gemini AI models. The inquiry will examine if Google is granting itself privileged access to content whilst disadvantaging rival AI developers.

Scope of Investigation

The EU investigation will examine two primary concerns. First, whether Google is using content from web publishers to generate AI-powered services in search results without appropriate compensation or offering publishers the option to refuse such use. Second, whether YouTube content is being used to train generative AI models without compensating creators or providing opt-out mechanisms.

The Commission noted that whilst Google bars third-party companies from using YouTube videos for AI training, it requires content creators to grant Google permission to use their data for various purposes, including AI model training. Google acknowledged using a subset of YouTube videos for training its Gemini and Veo3 models.

Regulatory Context

EU Competition Commissioner Teresa Ribera stated: “AI is bringing remarkable innovation and many benefits for people and businesses across Europe, but this progress cannot come at the expense of the principles at the heart of our societies.”

Google responded that “this complaint risks stifling innovation in a market that is more competitive than ever,” adding that Europeans deserve access to the latest technologies.

The investigation follows a pattern of EU action against US tech giants, including a €3bn fine against Google for favouring its advertising services and a €120m fine against X for content rule breaches.

Looking Forward

For UK businesses developing AI solutions, the investigation highlights the growing regulatory focus on AI training data sourcing and content licensing. Companies should ensure their data acquisition practices can withstand similar scrutiny, particularly regarding transparency and fair compensation for content creators.

Source: The Guardian