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Germany · DE-001

Kneschke v LAION

HELDLG Hamburg; Hanseatisches OLG; Bundesgerichtshof310 O 227/23; 5 U 104/24; I ZR 281/25Revision pending before BGH - oral hearing held; judgment scheduled
Training Data AcquisitionText and Data MiningRights Reservation / Opt-OutEvidence / Burden of Proof

Key holding or allegation

LG Hamburg dismissed the claim under the research TDM framework; OLG Hamburg affirmed and held §44b TDM applicable to the image-analysis activity, finding the natural-language reservation insufficiently machine-readable, with §60d also supporting the result.

Why it matters

Leading European national authority on dataset-preparation TDM and opt-out formalities in the generative-AI ecosystem; BGH review is pending.

Facts

LAION downloaded a photograph while analysing image-text correspondence in creating an image-text dataset that could later be used for generative-AI training.

Issues before the court

Whether reproduction during dataset preparation was covered by German TDM exceptions and whether a rights reservation was machine-readable.

What the court did not decide

The BGH has not issued a merits ruling. The case concerns dataset preparation and does not categorically resolve later foundation-model training or model memorisation.

Procedural timeline

2024-09-27

LG Hamburg
First-instance merits judgment: Claim dismissed under the German TDM/research framework for copying used in automated image-text analysis during dataset creation.

HELD
2025-12-10

Hanseatisches OLG
Appellate merits judgment: Appeal dismissed; section 44b TDM held applicable to the image-analysis activity and natural-language reservation held insufficiently machine-readable; section 60d also supported the result.

HELD
2026-09-03; judgment scheduled 2026-12-17

Bundesgerichtshof
Oral hearing held / judgment scheduled: BGH held the revision hearing on the TDM and rights-reservation issues and scheduled delivery of judgment for 17 Dec 2026.

NOT DECIDED