A U.S. district court "has dismissed Google's case against SerpApi over that company's scraping of search results to train AI models," reports Computerworld. Google had claimed that it was protecting copyright holders — and that SerpApi's actions breached America's Digital Millennium Copyright Act (DMCA): [Google] made two claims: first, that no person shall circumvent a technological measure that effectively controls access to a work protected under this title, and second that no person shall manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, or component protected by the Act. SerpApi claimed that the URLs and other links that were being served by Google did not in themselves entail copyright and the judge agreed. In her judgment, she said that there was no indication that the copyright holders had authorized Google to take action against SerpApi. The case is not completely over as the judge has given Google 21 days to amend its complaint to demonstrate that it was acting on behalf of the copyright owners. SerpApi's CEO reacted to the court's ruling as "a win not just for SerpApi, but for all who depend on an open internet. We're pleased that the court rejected Google's attempts to expand the DMCA to assert control over access to public pages. The internet's founding principle — open access to usable information — is essential to driving innovation and ensuring everyone benefits from the promise of data. SerpApi will continue supporting developers, AI companies, researchers, and businesses that rely on access to public search information." Some analysis from Daring Fireball blogger John Gruber: I've come around on SerpApi in the last few months. My initial take was that it surely must be illegal for a company to scrape Google's search results and offer access to that data as an API. But I've come around to the argument that what SerpApi is doing to obtain Google search results is, well, exactly how Google scrapes the rest of the entire web to build its search index. It's all just scraping publicly accessible web pages. This December piece by Mike Masnick at Techdirt is what began to change my mind. In fact, Masnick wrote, Google "built its entire business on scraping the web without asking permission first. And now it wants to use one of the most abused provisions in copyright law to stop others from doing something functionally similar to what made Google a tech giant in the first place." Now Google is even getting heckled about the decision on social media. "If Google wants to refile the suit within the allowed 21 days, it has to admit that site owners have copyright protection of their work and THAT would open the door to them suing Google for scraping their content for AI Overviews."Read more of this story at Slashdot.
Google’s anti-search-scraping lawsuit dismissed