Sure that could be the worst case. But then we are in the case law vs. continental law debate for lawyers.
When I wrote "Gemini is not illegal" it would have been more correct to say that the court has not decided about Gemini but specifically about search.
And I do think it makes sense to distinguish between explicitly chatting with an LLM and entering something in the search bar people have used for decades now.
I completely agree with you that this particular ruling does not make Gemini illegal in Germany.
I'm just wondering whether the logic of the ruling is tied to the specific context (search results) or applied more generally to LLM generated text.