Judge Dismisses Google’s Lawsuit Against SerpApi ⇥ seroundtable.com

Barry Schwartz, Search Engine Roundtable:

Last December, Google sued SerpApi over scraping its search results, and now a court has granted SerpApi’s motion to dismiss the case. U.S. District Judge Yvonne Gonzalez Rogers dismissed these claims with leave to amend, giving Google 21 days to refile its complaint if it can demonstrate authorization from copyright owners.

You can see the court filing here (PDF) which basically says Google brought claims under Section 1201 of the Digital Millennium Copyright Act (DMCA), alleging SerpApi bypassed its anti-bot barrier (“SearchGuard”). However, Section 1201 only protects technological measures that restrict access to copyrighted works.

I had complicated feelings about this lawsuit because while I think there is little distinction between the web scraping activities of each party, and the effect of limiting SerpApi would be to reinforce Google’s illegal search monopoly, a win for SerpApi also seems to invalidate the meagre control website owners have over scraping. These restrictions are noticeable during normal web use and are quite frustrating. But without effective copyright reform, there really are few options for choosing whether you want your work to be incorporated into training data.

Reddit’s comparable lawsuit against SerpApi, among others, is ongoing.