A federal judge rejected Google’s DMCA claims against SerpApiruling that blocking automated access to public search results is not considered copyright circumvention when those results do not include any copyrighted content.
Google’s December lawsuit accused SerpApi of violating the DMCA by circumventing SearchGuard, Google’s anti-scraping technology, to collect and resell search results. SerpApi filed a motion to dismiss in February. Chief U.S. District Judge Yvonne Gonzalez Rogers approved the motion, resulting in the dismissal of Google’s two anti-circumvention claims.
What the Court decided
The decision concerned whether Google’s SearchGuard protects a copyrighted work. Google results are mostly public information, but they often include a knowledge panel that may contain licensed images.
The court determined that for results devoid of copyrighted content, SearchGuard cannot regulate access since no copyrighted work is involved. These claims were rejected without amendment, thereby terminating these claims.
For results containing licensed images, the court found that Google had not demonstrated that it used SearchGuard with the permission of the copyright owners, as required by law. These claims were rejected but with permission to amend, allowing Google to attempt further action.
The court also rejected SerpApi’s argument that Google had no right to sue. SerpApi had argued that the DMCA only protected copyright owners and that because Google did not own its search results, it could not sue. However, the judge disagreed, clarifying that the law’s protection is not limited to copyright owners alone.
What SerpApi said
Julien Khaleghy, CEO of SerpApi called the decision a victory for open access to public data and said the company would continue to support developers and businesses that rely on public research data:
“We are pleased that the court rejected Google’s attempts to expand the DMCA to assert control over access to public pages. The founding principle of the Internet – open access to usable information – is essential to driving innovation and ensuring that everyone benefits from the promise of data. SerpApi will continue to support developers, AI companies, researchers, and businesses that depend on access to public research information.”
Google did not comment on the decision as of publication.
Why it matters
The ruling clarifies that removing public results without copyrighted content does not constitute a violation of the DMCA in this case, and Google cannot reaffirm this point.
It’s safer to remove simple search results than to extract copyrighted extras, such as images in knowledge panels. This limits Google’s ability to use the DMCA against SERP scraping, without ending the case.
Looking to the future
Google has 21 days to amend its complaint. To keep the copyright claims alive, it will have to present facts that the court previously found lacking, starting with the copyright owners’ permission to deploy SearchGuard.
The judge suspended the discovery until Google makes the necessary changes and the court rules on any new motions.
Additionally, SerpApi faces a separate DMCA lawsuit from Reddit that raises similar questions about removing publicly viewable pages. This order only solves part of this problem.
Featured image: Beast01/Shutterstock
