In a setback for publishers worried about the effects of AI search, a US federal judge has dismissed lawsuits filed by Chegg and Penske Media against Google. The companies accused Google of antitrust violations in products like AI overviews, which have led to decreasing traffic at numerous sites. However, US District Judge Amit Mehta has ruled that Google's conduct is not illegal under antitrust law.

The lawsuits were filed in 2025, and Google requested a dismissal earlier this year. Chegg, an education and learning platform, claimed in its lawsuit that Google illegally scraped its educational content. This allowed Gemini models to essentially recreate that content and reduce the site's traffic. Penske, which owns publications like Rolling Stone and Variety, filed a similar case that alleged lost traffic. Specifically, the publisher claimed it was unfair that sites indexed for organic search would also have their content harvested for AI answers, with no way to opt out.

These arguments did not sway the judge, who noted that Google's implicit agreement with websites is not legally relevant. "Plaintiffs have pleaded only that they have an ‘expectation’ that Google will send them search ​traffic if they make their content available for free," wrote Mehta. "But an expectation is not an agreement. It is simply how a general search engine works."

Read full article

Comments

Google's shift to AI-powered search has upended the way the world's largest search engine generates web traffic, rankling large and small publishers alike. In recent months, the company has experimented with paying publishers when their content appears in AI answers, but a new report claims the payouts in this pilot program are miniscule. That has publishers in the program, as well as those watching from the sidelines, feeling skeptical.

According to The Information, Google has admitted about 100 publishers to the AI contribution pilot. The pitch is that websites can get payments from Google when their content materially contributes to Gemini-powered search results like an AI Overview. Google has long resisted the idea of direct payments to publishers, arguing that websites get traffic in exchange for allowing Google bots to scrape their content for use in search and knowledge graph tools. In the age of AI, that relationship is breaking down, hence the AI pilot.

So far, publishers aren't getting much for their trouble. The Information heard from several small and mid-sized publishers in the program that Google's AI payments are minuscule, equaling roughly one-tenth of one percent of their advertising revenue. These payments have been so disappointing that several larger publishers have reportedly declined to participate in the program. These publishers hope that by refusing to join the pilot, they can force Google to offer a more generous deal.

Read full article

Comments