“Google and Reddit do not own the Internet," web scraper says after court win

· Source: AI - Ars Technica · Field: Legal & Regulatory — Intellectual Property & Patents, Compliance & Risk Management, Legal Technology (LegalTech) · Depth: Intermediate, medium

Summary

Google and Reddit initiated separate lawsuits against web scraper SerpApi, alleging DMCA violations for circumventing anti-scraping technologies and selling scraped content. Google specifically accused SerpApi of creating an unauthorized "Google Search API" and disrupting relationships with rights holders by scraping content, including from "knowledge panels," making it impossible to offset costs from "billions" of bot searches. However, a court recently granted SerpApi's motion to dismiss Google's case, ruling Google lacked DMCA standing because it did not own the copyrighted content in search results and failed to demonstrate it was acting for rights holders. This decision casts doubt on Reddit's similar ongoing lawsuit. Google intends to amend its complaint within 21 days, focusing on licensed content within knowledge panels, though this strategy carries risks of admitting broader unlicensed content reproduction. SerpApi, serving clients like Nvidia, Uber, and Adobe, maintains its operations are lawful and defends the open internet against what it calls "misguided" attacks.

Key takeaway

For legal professionals advising on data acquisition or content protection, this ruling underscores that DMCA claims against web scrapers for public search results are unlikely to succeed without direct copyright ownership or explicit licensing. You should re-evaluate strategies for protecting content, recognizing that attempts to "re-enclose" the open web via broad DMCA interpretations face significant judicial skepticism. This impacts AI training data sourcing and broader public access to information.

Key insights

Google and Reddit's DMCA claims against web scrapers are failing due to lack of copyright ownership over public search results.

Principles

In practice

Topics

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Editorial summary, takeaway, and curation by AIssential. Original article published by AI - Ars Technica.