“At some point, someone with authority has to address what is happening in the real world: Google is using its dominance to fundamentally undermine the open web and the economics of original journalism.” -
@jason_kint 👏👏👏
It seems from this dismissal that normal search engine functionality and AI answer surfaces like AI Mode and AIOs need to be much better defined in lawsuits. Many studies continue to demonstrate with scientific detail that AI answer engines (like AIOs) create an unsustainable environment if left unchecked.
AI surfaces, especially when embedded in search engines, create an inequitable environment. If publishers are out of business AI won't have anything left to train on. This model isn't sustainable. One study is added in the thread below.
Penske v Google was based mostly on anti-trust law, not copyright like NYT v OpenAI which holds the theft of content at its core accountable. We would argue that the theft of copyrighted content is the core problem and anti-competitive behavior like AIOs greatly compound the damage caused by the copyright theft. These two dynamics in play is destroying journalism, publishers, creators, and the web.
We would also add that brand misrepresentation is often missed in anti-trust and copyright legal arguments. Our brand is being used in horrendous AI Frankenstein recipes that misrepresent us with stolen content for branded queries. One example of many that we have recorded is attached. There are no links to our site and these aren't our recipes, yet Google AI is claiming they are ours👇
We do find Judge Mehta's quote interesting which current lawsuits should take note of: “The court does not treat Plaintiffs’ alleged harms lightly. Nor is it unsympathetic to the situation publishers now find themselves in, and the knock-on consequences to journalists, educators, and other online creators whose content Google takes and repurposes without compensation.”
We completely agree with
@jason_kint. Google is a known illegal monopoly many times over and something must be done to stop the “doom loop” they are in.
Now more than ever, journalists, publishers, creators, educators, and the entire open web need to write/speak up for their jobs by sharing and recording the damage.
We also hope that Penske appeals the decision and hopefully can have a verdict from NYT v OpenAI during that timeline to strengthen their case.