In our case, it is undisputed that:
– Google Gemini includes DPCMO repertoire in its training of Bard/Gemini
– Google Gemini does not respect press publishers’ reservations in terms & conditions of their websites
– Google did not allow enable web publishers to express their preferences about the use of their content in AI before 28 September 2023
– Google after 28 September 2023 introduced “Google Extended” opt out for web publishers, but only for future LLMs and grounding stage
– Google has linked Google Search and Google Bard/Gemini
Whether Google will participate or not is not yet known, but we will get a clarification before the Danish EU Presidency. The EU should introduce a binding final offer arbitration mechanism when the current enforcement tools are ineffective against big tech.