In September 2025, Penske Media Corporation launched a landmark lawsuit against Google, targeting the tech giant’s AI Overviews feature, which generates summaries in Google search results by drawing content from websites including Penske’s own portfolio of prominent publications like Variety, Rolling Stone, and The Hollywood Reporter. This legal action represents the first major challenge from a U.S. publisher specifically addressing Google's use of AI-generated summaries. Penske claims these AI overviews are siphoning significant web traffic away from its sites, causing a dramatic decline in user visits and related revenue streams, including advertising, subscription, and affiliate incomes.
The crux of Penske’s complaint highlights that approximately 20% of Google search results featuring its content now include AI Overviews, which has led to a reported fall in affiliate revenue by over one third compared to late 2024. The decline in direct clicks, the lawsuit argues, threatens the sustainability of its business model by undermining critical revenue channels reliant on user site visits. Penske elaborates on the dilemma faced by publishers: blocking Google’s AI crawler would remove their content from standard search results entirely, risking even greater loss of visibility, while continuing to permit access feeds the AI summaries that divert traffic away. The company describes this as an enforced exchange no longer voluntary, a fundamental shift in the ‘bargain’ that once supported open commercial web content production.
Google has defended its AI Overviews feature, arguing that it enhances user experience by providing helpful summaries and drives increased traffic to a broader range of websites beyond Penske’s. However, critics, including Penske and other publishers, argue that Google’s dominant market position, estimated at a 90% share of U.S. search, exerts undue leverage, effectively compelling use of their content in AI summaries without fair permission or compensation. This legal challenge follows similar complaints and lawsuits, such as those brought by the education technology firm Chegg, which filed suit earlier in 2025 alleging comparable harm from Google’s AI-generated overviews reducing user traffic and financial incentives.
This dispute is set against a wider backdrop of global industry pushback against AI companies’ use of journalistic content for model training and output generation without licensing agreements. News organisations around the world, including notable entities like The New York Times and Canadian media groups, have initiated legal actions targeting AI firms such as OpenAI and Microsoft for content usage. Some publishers, like News Corp, have alternatively sought to negotiate multi-year licensing deals, News Corp’s reportedly valued at over $250 million, to secure payments for their journalistic content used in AI. Independent publishers in Europe have also raised antitrust complaints against Google’s AI Overviews, citing severe traffic losses and lack of opt-out mechanisms, urging regulators to intervene against what they consider anti-competitive practices threatening news access and media diversity.
At the heart of these conflicts lies a pivotal copyright question: whether training AI on publicly available content qualifies as “fair use” and fosters innovation, or whether publishers’ investment in original reporting deserves formal protection and remuneration. Legal experts and industry analysts warn that if AI-generated summaries increasingly replace clicks to publisher websites, the economic foundation underpinning quality journalism could collapse, imperilling the creation of original, fact-checked news. Beyond the U.S., publishers in India, Japan, and Brazil have expressed concern about the erosion of digital media economics by AI technologies without transparent compensation schemes.
Penske’s lawsuit underscores the need for collective industry action to avoid repeating past dependence on tech platform traffic that left publishers vulnerable to unilateral algorithmic changes. Advocates urge a united front to negotiate fair terms that protect journalism’s viability in the AI age. Ultimately, this case may become a defining copyright battle for the digital era, with the potential to reshape how news content is accessed, valued, and monetised online for years to come. The outcome will be closely watched as it will influence future relationships between AI technology providers and content creators worldwide, determining whether professional journalism can sustainably coexist alongside rapidly evolving AI tools.
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Source: Noah Wire Services