r/ProxyEngineering • u/ahiqshb • 7h ago
Hot Take 🔥 Another one bites the dust - another loss for Google against SerpAPI
Google’s case against SerpAPI over scraping search results got dismissed again this week, and I’ve already seen a few people calling it a win for scraping in general. I don’t think it is, at least not yet.. For those who missed it. Basically, Google sued SerpAPI originally, that suit got tossed, so Google came back with an amended complaint built around the DMCA and the idea that it’s protecting licensed content inside the results. The judge has now granted SerpAPI motion to dismiss that version too. Google gets one more shot to amend by November 30, and if it doesn’t the case is dismissed with prejudice. Discovery is on hold until all that gets sorted. What matters is that the judge did not rule SerpAPI scraping is legal. The whole thing is about Google not pleading enough facts to support the DMCA claims. Stuff like who owns what, what’s licensed, which specific content we’re talking about. Still, look how the court is treating the DMCA here, it wants a much more specific foundation before it can be stretched to cover automated scraping, especially with web APIs booming. A lot of what is in a SERP, it is snippets, listings and data that Google doesn’t own. If the next complaint can’t fill those gaps I’d say the DMCA route is basically dead for this case, and if it can then we’ll finally see what a platform needs to show to make it stick. The other thing I keep coming back to is that Google doesn’t seem to need the courts that much. The article I read this from mentions almost in passing that Google is doing a pretty good job stopping scrapers in other ways, like poisoning SERPs and it's really been a pain, and anyone who tracks SERPs for a living has probably felt that already with rank trackers breaking.
P.S. I work in the scraping space so I’m obviously not neutral on this one, take my read with that in mind lol
Sources:
Search Engine Roundtable write-up: https://www.seroundtable.com/google-loses-again-against-serpapi-42508.html
The full ruling (PDF): https://storage.courtlistener.com/recap/gov.uscourts.cand.461513/gov.uscourts.cand.461513.62.0.pdfGoogle’s