Google’s DMCA claims against SerpApi were dismissed on July 20. Google now has 21 days to amend part of its complaint.
The US District Court for the Northern District of California granted SerpApi’s request to dismiss two of Google’s claims under the Digital Millennium Copyright Act. The court also stayed discovery until Google files an amended complaint, if any, and any resulting motion to dismiss is resolved.
Claims are classified by type of content. The court permanently dismissed parts of Google’s claims based on search results that did not include copyrighted content.
The court dismissed parts of Google’s claims involving search results and copyrighted content, but gave Google a chance to review them. The court said Google did not allege facts showing that SearchGuard, Google’s anti-scratching system, was initiated and operated “with the authority of the copyright owner.”
Google is getting another chance. Google may file an amended complaint within 21 days, as long as it does not contradict its original allegations. Information indicating whether copyright owners have authorized Google to use SearchGuard to protect licensed content must already be in Google’s hands, hands, or control, the court said.
SerpApi replied. SerpApi’s CEO, Julien Khaleghy, said the decision was “not just a win for SerpApi, but for everyone who relies on the open internet.”
- SerpApi said the court rejected Google’s attempt to expand the DMCA to control access to public pages. SerpApi said it will continue to support developers, AI companies, researchers and businesses that rely on public access to search information.
SerpApi didn’t win everything. The court rejected SerpApi’s argument that Google lacked standing under the DMCA because Google did not state that it owned or licensed only the copyrighted material in the search results. The court also held that Google had sufficient facts to support the view that SerpApi bypassed SearchGuard.
Grab it fast. Google sued SerpApi on December 19, alleging that the company bypassed SearchGuard and manipulated Google search results for resale.
- SerpApi filed a lawsuit Feb. 20, arguing that Google is using the DMCA to restrict access to public search results.
- SerpApi also argued that Google does not own the underlying content displayed in search results and that public pages should not be considered copyrighted works.
Why do we care. Many search tools rely on automated access to social search results to monitor rankings, competitors, and AI visibility. This case can still shape how much third-party SERP data those tools can collect.
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