{"schema_version":"0.10.0","id":"LR-2026-0837","record_version":1,"title":"Gemini chatbot summary of Hungarian news article alleged to infringe press publishers' right (Like Company v Google, C-250/25)","verification":{"human_verified":false,"method":"automated_gate","auto_verified":true,"score":61.4,"score_breakdown":{"source_authority":12.1,"independent_corroboration":15.0,"implicated_party_confirmed":0.0,"citation_integrity":14.0,"specificity":6.0,"completeness":7.36,"unhedged_language":3.82},"checks":{"schema_valid":true,"every_field_cited":true,"quotes_verbatim":true,"source_fetched":true,"distinct_incident":true,"dates_plausible":true,"sources_agree":true,"source_describes_incident":true,"severe_backed_by_source":true,"record_integrity":true,"eligible":true,"about_this_case":true},"gate_version":"gate-2026-10-18.7","cross_check_model":null,"cross_check_agreement":null,"duplicate_of":null,"verified_by":null,"verified_at":"2026-11-04","extraction_run_id":null,"evidence_level":{"level":"preliminary","reason":"Publisher not yet named · subject to change","original_document":null,"reports_total":2,"reports_independent":0,"reports_derivative":0,"developing":true,"disputed":false,"rules_version":"evidence-2026-10-29.1","computed_at":"2026-11-04","history":[{"date":"2026-11-04","from_level":null,"to_level":"preliminary","reason":"Publisher not yet named · subject to change"}]},"sources_hash":"752fb7365be4b1cc01e04e3a05cfa02a00a24a426ce2425cf5e84bdba2973e6c"},"system":{"model_name":"Gemini","model_version":null,"developer":"Google","harness":"Gemini chatbot","tools_granted":["retrieval","web_search","internet_bots"],"permissions_scope":null,"autonomy_level":"unknown","guardrails_present":["output_filters"],"deployment_context":"production","tier":"provider","lifecycle_stage":"production","integration_type":"rag","intended_use":"answering user questions about news by retrieving and summarising online press publications","safeguard_state":null,"production_intended":null},"event":{"date_occurred":null,"date_disclosed":"2026-11-03","incident_class":"ip_infringement","failure_class":null,"agent_involved":true,"secondary_failure_classes":[],"trigger":"unknown","duration":null,"detection_method":"unknown","summary":"Like Company Kft., a Hungarian operator of advertising-funded news portals, sued Google before the Budapest Regional Court, alleging that Bard and then Gemini infringed its press publishers' right between 13 June 2023 and 31 May 2024. Its example: a user asked Gemini to summarise a balatonkornyeke.hu article about a singer's plan to bring dolphins to Lake Balaton, and the answer described a pool of specific dimensions and public criticism that the article did not contain, which Google called hallucinations of the LLM. The Hungarian court referred questions to the Court of Justice. On 3 November 2026 Advocate General Szpunar advised that retrieval-based chatbot answers can infringe where access circumvents a paywall or bot block, or where the answer recognisably substitutes for the article, but that Like Company's own example probably does not meet that test.","tags":["chatbot","rag","hallucination","press-publishers-right","copyright-retrieval","news-publisher"],"date_detected":null,"near_miss":null,"root_cause":null,"root_cause_detail":null,"failure_class_detail":null,"responsible_party":"provider","adversarial_actor":null,"input_provenance":null,"time_to_contain":null,"operations_paused":null,"remediation":null,"precursor_events":null},"impact":{"direct_loss_usd":null,"remediation_hours":null,"records_exposed":null,"third_parties_affected_count":null,"severity":"minor","severity_because":"A single publisher's copyrighted content is alleged to have been reproduced, a bounded scope stated, with no loss figure given.","harm_class":["ip"],"affected_description":"Like Company Kft., operator of balatonkornyeke.hu and other advertising-funded web portals","protected_class_involved":null,"data_categories_exposed":[],"loss_range_usd":null,"reversibility":null,"downstream_exposure_count":null},"evidence":{"sources":[{"url":"https://ppc.land/googles-gemini-can-infringe-press-rights-in-2-ways-eu-court-adviser-says/","publisher":"PPC Land","date":"2026-11-03","type":"press","title":"Google's Gemini can infringe press rights in 2 ways, EU court adviser says","archived_url":null,"attachment":"first_report"},{"url":"https://www.bandt.com.au/eu-court-adviser-warns-that-googles-ai-chatbot-may-be-breaching-copyright-rules/","publisher":"B&T","date":"2026-11-04","type":"press","title":"EU Court Adviser Says Google’s AI Chatbot May Be Breaching Copyright Rules","archived_url":null,"attachment":"fingerprint"}],"per_field_confidence":{"system.model_name":"C","system.developer":"C","system.harness":"C","system.tools_granted":"C","system.autonomy_level":"D","system.guardrails_present":"C","system.deployment_context":"C","system.tier":"C","system.lifecycle_stage":"C","system.integration_type":"C","system.intended_use":"C","event.date_disclosed":"C","event.trigger":"D","event.detection_method":"D","event.summary":"C","event.tags":"C","event.responsible_party":"C","event.incident_class":"C","event.agent_involved":"C","impact.severity":"C","impact.harm_class":"C","impact.affected_description":"C","impact.severity_because":"C","context.industry":"C","context.country":"C","context.denominator_available":"D","context.regulatory":"C"},"field_citations":{"system.model_name":[{"source_index":0,"quote":"Before the Budapest Környéki Törvényszék (Budapest Regional Court), Like Company claims that Google, first through Bard and then through its renamed chatbot Gemini, continuously infringed its rights between 13 June 2023 and 31 May 2024."}],"system.developer":[{"source_index":0,"quote":"Before the Budapest Környéki Törvényszék (Budapest Regional Court), Like Company claims that Google, first through Bard and then through its renamed chatbot Gemini, continuously infringed its rights between 13 June 2023 and 31 May 2024."}],"system.harness":[{"source_index":0,"quote":"When asked for information, Gemini uses retrieval-augmented generation, also called grounding."}],"system.tools_granted":[{"source_index":0,"quote":"Through a Google Search application programming interface, it browses the Google Search index to find relevant pages, uses internet bots to retrieve the content, and adds that content to the prompt fed to the underlying model, which then generates its answer."}],"system.guardrails_present":[{"source_index":0,"quote":"Google, the opinion records, is said to apply output filters that screen out passages matching the retrieved text beyond a certain length."}],"system.deployment_context":[{"source_index":0,"quote":"The same technology, Szpunar notes, powers AI Overviews and AI Mode, two services built into Google Search and run on Gemini models."}],"system.tier":[{"source_index":0,"quote":"Before the Budapest Környéki Törvényszék (Budapest Regional Court), Like Company claims that Google, first through Bard and then through its renamed chatbot Gemini, continuously infringed its rights between 13 June 2023 and 31 May 2024."}],"system.lifecycle_stage":[{"source_index":0,"quote":"The same technology, Szpunar notes, powers AI Overviews and AI Mode, two services built into Google Search and run on Gemini models."}],"system.integration_type":[{"source_index":0,"quote":"When asked for information, Gemini uses retrieval-augmented generation, also called grounding."}],"system.intended_use":[{"source_index":0,"quote":"When asked for information, Gemini uses retrieval-augmented generation, also called grounding."}],"event.date_disclosed":[{"source_index":0,"quote":"The opinion was delivered today, November 3, 2026."}],"event.summary":[{"source_index":0,"quote":"Before the Budapest Környéki Törvényszék (Budapest Regional Court), Like Company claims that Google, first through Bard and then through its renamed chatbot Gemini, continuously infringed its rights between 13 June 2023 and 31 May 2024."},{"source_index":0,"quote":"At some later date, an unknown user asked Gemini: \"Can you provide a summary in Hungarian of the online press publication that appeared on balatonkornyeke.hu regarding Kozsó's plan to introduce dolphins into the lake?\""},{"source_index":0,"quote":"According to the opinion, the summary \"contained a series of statements finding no basis in that publication (the fact that a pool is going to be used to introduce the dolphins, the size of that pool, the reception by the public of that project, and so on) which, according to Google, are 'hallucinations' of the LLM.\""},{"source_index":0,"quote":"The Hungarian court stayed the proceedings and sent four questions to Luxembourg: two on whether training a large language model is a reproduction and whether the text and data mining (TDM) exception in Article 4 of the CDSM Directive covers it, and two on whether the chatbot's answers reproduce publications or communicate them to the public."},{"source_index":0,"quote":"First, Like Company does not appear to have put in place any technical measures restricting access to or scraping of its articles."},{"source_index":0,"quote":"Second, the form of expression of the dolphin article is not apparent in Gemini's answer."}],"event.tags":[{"source_index":0,"quote":"When asked for information, Gemini uses retrieval-augmented generation, also called grounding."},{"source_index":0,"quote":"According to the opinion, the summary \"contained a series of statements finding no basis in that publication (the fact that a pool is going to be used to introduce the dolphins, the size of that pool, the reception by the public of that project, and so on) which, according to Google, are 'hallucinations' of the LLM.\""},{"source_index":0,"quote":"It is the press publishers' right created by Article 15(1) of Directive 2019/790, the Copyright in the Digital Single Market (CDSM) Directive, which gives publishers established in a member state the reproduction and making-available rights over \"the online use of their press publications by information society service providers.\""},{"source_index":0,"quote":"Copying is satisfied by retrieval."}],"event.responsible_party":[{"source_index":1,"quote":"In the lawsuit, Like Company argues that Google used copyrighted articles to train its large language models and reproduced them through Gemini between June 2023 and May 2024."}],"event.incident_class":[{"source_index":0,"quote":"Before the Budapest Környéki Törvényszék (Budapest Regional Court), Like Company claims that Google, first through Bard and then through its renamed chatbot Gemini, continuously infringed its rights between 13 June 2023 and 31 May 2024."},{"source_index":0,"quote":"It is the press publishers' right created by Article 15(1) of Directive 2019/790, the Copyright in the Digital Single Market (CDSM) Directive, which gives publishers established in a member state the reproduction and making-available rights over \"the online use of their press publications by information society service providers.\""}],"event.agent_involved":[{"source_index":0,"quote":"Through a Google Search application programming interface, it browses the Google Search index to find relevant pages, uses internet bots to retrieve the content, and adds that content to the prompt fed to the underlying model, which then generates its answer."}],"impact.severity":[{"source_index":0,"quote":"Second, the form of expression of the dolphin article is not apparent in Gemini's answer."},{"source_index":0,"quote":"Third, any acts of reproduction or making available through Gemini do not appear inherent to Google's business model."}],"impact.harm_class":[{"source_index":1,"quote":"In the lawsuit, Like Company argues that Google used copyrighted articles to train its large language models and reproduced them through Gemini between June 2023 and May 2024."}],"impact.affected_description":[{"source_index":0,"quote":"Like Company Kft., incorporated in Hungary, operates several web portals."}],"impact.severity_because":[{"source_index":1,"quote":"In the lawsuit, Like Company argues that Google used copyrighted articles to train its large language models and reproduced them through Gemini between June 2023 and May 2024."}],"context.industry":[{"source_index":0,"quote":"Like Company Kft., incorporated in Hungary, operates several web portals."}],"context.country":[{"source_index":0,"quote":"Like Company Kft., incorporated in Hungary, operates several web portals."}],"context.regulatory":[{"source_index":0,"quote":"Before the Budapest Környéki Törvényszék (Budapest Regional Court), Like Company claims that Google, first through Bard and then through its renamed chatbot Gemini, continuously infringed its rights between 13 June 2023 and 31 May 2024."},{"source_index":0,"quote":"It is the press publishers' right created by Article 15(1) of Directive 2019/790, the Copyright in the Digital Single Market (CDSM) Directive, which gives publishers established in a member state the reproduction and making-available rights over \"the online use of their press publications by information society service providers.\""}]},"notes_on_gaps":"This is a legal opinion on a pending reference, not a finding of liability: the Advocate General states that Like Company's own example probably does not meet the infringement test, and the Court has not yet ruled. No date is given for when the disputed Gemini answer was generated (only 'At some later date'), so date_occurred is null; the claim period 13 June 2023 to 31 May 2024 is a litigation window, not an incident date. No monetary loss, traffic-loss figure attributable to this specific answer, or record count is stated for Like Company, so all impact quantities are null. The article reports third-party traffic studies (39.8% click decline; Web Search share falling from 51.10% to 27.42%) but these are not tied to this incident and are not entered. The summary's fabricated pool details are described as hallucinations by Google, but the incident is classified ip_infringement because the claim and the opinion concern the press publishers' right; hallucination is captured as a tag. agent_involved is set true because the document describes the chatbot autonomously retrieving pages via bots and a Search API and composing an answer; no failure_class is assigned because the document does not describe an agent-mechanism failure in the taxonomy's sense, and autonomy_level is unknown since no approval or monitoring arrangement is stated. severity is graded minor on the opinion's assessment that the claimant's example likely does not infringe and that Google appears to have appropriate mitigation measures in place; this is a judgement call. The document also mentions unrelated matters (GEMA v OpenAI, GEMA v Suno, CNN v Perplexity, Wikimedia's filing, the Commission's antitrust probe, the DSA designation of ChatGPT) which are referenced as context or precedent, not described as incidents in this document, and are not extracted. Extractor proposed values without quotes; dropped: ['context.denominator_available', 'event.detection_method', 'event.trigger', 'system.autonomy_level']. Single secondary source; corroborate before upgrading any field to B. The document is a press report on an Advocate General's advisory opinion and a pending lawsuit; it states no date for the alleged reproduction beyond the June 2023 to May 2024 window, no loss figure, no detection account and no remediation. date_disclosed is the article publication date supplied by the collector, not a date the document states. The alleged conduct is retrieval-and-reuse by a chatbot; the document does not describe tool execution or multi-step autonomous action, so agent_involved is set false and failure_class left null. The claim that Google used articles for training is Like Company's allegation, not an established finding. Country is set to HU on the basis that the claimant publisher and the referring court are Hungarian; Google's own jurisdiction is not stated. Severity moderate is a judgement resting on a bounded single-publisher scope with no stated loss figure. Extractor proposed values without quotes; dropped: ['context.denominator_available', 'event.adversarial_actor', 'event.agent_involved', 'event.date_disclosed', 'event.detection_method', 'event.trigger', 'system.autonomy_level']. Single secondary source; corroborate before upgrading any field to B. [2026-11-04: evidence level set: Preliminary (Publisher not yet named · subject to change)]"},"context":{"industry":"publishing","org_size_band":null,"country":"HU","denominator_available":false,"denominator":null,"related_incident_ids":[],"systemic_exposure":null,"shared_model_id":null,"upstream_incident_id":null,"incident_evidence":null,"regulatory":{"regimes":["EU Copyright in the Digital Single Market Directive (2019/790) Article 15 press publishers' right"],"notifications":null,"litigation_status":"filed","safety_policy_adherence":null},"coverage":null}}