On Friday, a judge largely denied a motion to dismiss from a web scraper, SerpApi, which is accused of conspiring with Perplexity AI to illegally scrape copyrighted Reddit content from Google search results.
In his opinion, US District Judge Paul A. Engelmayer said that at this early stage, Reddit has plausibly pleaded that there was a conspiracy, with SerpApi providing a product to circumvent Google access controls and Perplexity AI paying for it.
Engelmayer’s decision came less than two weeks after another court dismissed a similar action raised by Google, finding that the company had not proven that rights holders, such as Reddit, had ever authorized the search engine to prevent the scraping of protected content. Google told Ars that it planned to amend its complaint to keep its lawsuit alive, but SerpApi told Ars that Google and Reddit were both trying to “use the DMCA to wall off the open Internet by retroactively claiming control over content that they didn’t author and don’t own.”
For both Google and Reddit, the mission is to first prove that SerpApi and Perplexity AI conspired to access snippets of works covered by the Copyright Act that were, second, protected by a technological measure effectively controlling access, and that, third, the defendants circumvented that technology. Google failed on the first prong, giving SerpApi a rare win at such an early stage, but it may strengthen Google’s arguments that Engelmayer agreed with Reddit that it was plausible the company had authorized Google to use anti-circumvention technology to block malicious scraping. And it’s likely upsetting to web scrapers like SerpApi that Engelmayer thinks Reddit can make that case, even though Google’s technology was invented more than a year after Google and Reddit struck their licensing deal.