A federal judge tossed out Google’s DMCA claims against SerpApi, pausing discovery and giving Google 21 days to revise its complaint. The outcome could impact how search data is accessed and protected online.
A U.S. District Court in California has dismissed Google’s Digital Millennium Copyright Act (DMCA) claims against SerpApi, a company accused of scraping Google Search results for resale. The ruling, issued July 20, grants Google 21 days to amend its complaint, but discovery in the case is on hold until any revised filing and subsequent motions are resolved.
The court permanently threw out Google’s claims related to Search results that do not contain copyrighted content, stating those allegations could not proceed. For Search results that do include copyrighted material, the judge dismissed the claims but allowed Google the opportunity to refile, provided it can show that its anti-scraping system, SearchGuard, was implemented “with the authority of the copyright owner.” The court noted that Google should already have access to information about whether copyright owners authorized the use of SearchGuard to protect licensed content.
SerpApi CEO Julien Khaleghy called the decision “a win not just for SerpApi, but for all who depend on an open internet.” SerpApi argued that the court’s ruling blocks Google from using the DMCA to control access to public web pages and said it will continue supporting developers, AI companies, researchers, and businesses that rely on public search data.
However, SerpApi did not prevail on every point. The court rejected SerpApi’s argument that Google lacked standing under the DMCA because it did not own or exclusively license the copyrighted material in question. The judge also found that Google had alleged enough facts to support an inference that SerpApi circumvented SearchGuard.
The legal dispute began when Google sued SerpApi on December 19, alleging the company bypassed SearchGuard and scraped Google Search results for resale. SerpApi responded with a motion to dismiss in February, contending that Google was misusing the DMCA to restrict access to public search results and did not own the underlying content displayed in those results.
This case could have significant implications for the many tools and platforms that rely on automated access to public search results for monitoring rankings, competitive analysis, and AI visibility. The outcome may influence how much third-party data can be collected from search engines in the future. For context, European regulators have also scrutinized Google’s practices, as seen when EU authorities prepared to rule on Google’s alleged search competition violations.
Founded in 2018, SerpApi has positioned itself as a key provider of real-time search data APIs, serving thousands of developers and businesses globally. The company’s platform processes millions of search queries daily, enabling clients to access structured search results for SEO, market research, and AI training purposes.
