Two members of the Association of American Publishers have asked a federal court to allow them to join an ongoing class action lawsuit against Google over its generative AI product, Gemini, in a move aimed at strengthening claims of widespread copyright infringement. The case, filed in 2023 by a group of writers and illustrators, is before Judge Eumi K. Lee in the U.S. District Court for the Northern District of California. Educational Publisher Cengage and Trade Publisher Hachette Book Group are seeking to intervene on behalf of publishers whose works they say were used without permission to train Gemini. The plaintiffs allege that Google copied millions of books instead of negotiating licenses, resulting in an AI system that competes directly with copyrighted works in the marketplace.
AAP President and CEO Maria Pallante said publishers’ participation would add a critical perspective to the case. She added, “Through today’s action, AAP and its members aim to support the creators suing Google. We believe our participation will bolster the case, especially because publishers are uniquely positioned to address many of the legal, factual, and evidentiary questions before the Court.”
Google has opposed expanding the class, arguing it would complicate the case, but publishers point to prior litigation to argue the opposite. The complaint contends that Gemini can generate substitute content, including near-verbatim passages, full chapters, and complete books, at minimal cost and speed, eroding the market for original works. Among the remedies sought are an injunction to halt further infringement and an order requiring Google to destroy all infringing copies in its control.
