Google has lost again in SerpApi's scraping legal fight in court, with the court giving Google 21 days to amend its complaint. But this is a major win for SerpApi and this case seems like it might be coming to a close soon.
As a reminder, Google filed a lawsuit against SerpApi over scraping its search results. That lawsuit was dismissed, so Google filed an amendment of the lawsuit around the concept of protecting licensed content within its search results.
The judge ruled in favor of SerpApi on its motion to dismiss Google's amended complaint. Importantly, the judge did not rule that SerpApi's scraping practices are lawful. The ruling is primarily about whether Google provided sufficient factual allegations to establish claims under the Digital Millennium Copyright Act (DMCA).
However, Google has another opportunity to amend its complaint and try again by November 30, 2026. Here is what happens next:
- Google must correct the deficiencies identified by the judge.
- Google must submit a redline showing changes from its previous complaint.
- SerpApi then has 21 days to respond.
- Discovery remains on hold while the amended complaint and any new dismissal motion are resolved.
- If Google does not amend within the permitted period, the case will be dismissed with prejudice.
This is a procedural victory for SerpApi, but potentially a strategically important one. The court is demanding a much more precise legal foundation for using the DMCA against automated scraping. The next amended complaint will be particularly important because it will show whether Google can provide the missing licensing, copyright ownership, and content-specific details.
The full ruling is in this PDF.
Meanwhile, it seems Google is doing a good job preventing a lot of these scrapers from scraping in other ways.
Forum discussion at X.
