Tech

Google moves to dismiss music AI lawsuit, citing YouTube terms of service

The tech giant argues that user agreements grant broad licensing rights, while declining to confirm specific training activities amid pending litigation.

Author
Owen Mercer
Markets and Finance Editor
Published
Draft
Source: The Verge · original
Google won’t just admit it’s feeding YouTube creators to its music AI
Independent musicians allege illegal use of content to train Lyria 3 model

A coalition of independent musicians has initiated legal proceedings against Google, alleging the company unlawfully utilised songs uploaded to YouTube to train its Lyria 3 music artificial intelligence model. In response, Google has filed a motion to dismiss the case, contending that the plaintiffs granted a broad licence to use uploaded content through YouTube’s Terms of Service. While Google has declined to confirm whether it is currently using YouTube videos to train Lyria 3 specifically, it maintains that such use is permitted under the existing licence.

The company’s legal filing argues that the lawsuit is based on an "unsupported hypothesis" and that the complaint cannot stand even if the allegations are accepted as fact. Google asserts that by uploading content to the platform, users agreed to terms allowing the company to "reproduce, distribute, [and] prepare derivative works." Legal analysts characterise this strategy as standard hedging, asserting that the plaintiffs cannot prove the specific act occurred and that the Terms of Service authorise the use regardless.

When asked directly if Google was using YouTube videos to train Lyria 3, the company declined to comment. However, the refusal to admit the practice is viewed as a calculated legal move to maintain plausible deniability while litigation is pending. The company has previously confirmed to media outlets that it utilises YouTube uploads to train other models, including Gemini and Veo.

In April 2024, YouTube CEO Neal Mohan stated in a Bloomberg interview that "some portion" of YouTube videos may be used internally to train models like Gemini. A subsequent blog post about creator tools confirmed that YouTube uses uploaded content to improve product experiences, including through machine learning and AI applications.

It remains unconfirmed whether Google is actively using YouTube videos to train Lyria 3 specifically, as the company has not provided direct confirmation. The outcome of the lawsuit and the legal interpretation of the Terms of Service in this specific context are yet to be determined.

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