- Feb 28, 2019
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Google sued SerpApi over scraping its search results last year. Now, U.S. District Judge Yvonne Gonzalez Rogers dismissed these claims with leave to amend, giving Google 21 days to refile its complaint if it can demonstrate authorization from copyright owners.
Basically, Google claimed under DMCA alleging SerpApi bypassed its anti-bot barrier ("SearchGuard"). However, DMCA requires Google to either own the copyright or authorization from copyright owners to block scrapers on their behalf. You can see the court filing here (PDF).
The judge agreed that spoofing browser fingerprints, rotating IPs, and solving CAPTCHAs to bypass SearchGuard constitutes "circumvention" under the DMCA. Circumvention alone is not illegal under the DMCA unless the barrier is actually guarding copyrighted works with the permission of the copyright holders.
Basically, Google claimed under DMCA alleging SerpApi bypassed its anti-bot barrier ("SearchGuard"). However, DMCA requires Google to either own the copyright or authorization from copyright owners to block scrapers on their behalf. You can see the court filing here (PDF).
The judge agreed that spoofing browser fingerprints, rotating IPs, and solving CAPTCHAs to bypass SearchGuard constitutes "circumvention" under the DMCA. Circumvention alone is not illegal under the DMCA unless the barrier is actually guarding copyrighted works with the permission of the copyright holders.