SerpApi Challenges Google’s Right To Sue Over SERP Scraping

Dispute Raises Big Questions About Copyright and Search Results

A legal fight between Google and SerpApi is now moving to its next stage. SerpApi has asked a federal court to dismiss Google’s lawsuit over search result scraping.

The case was filed under the Digital Millennium Copyright Act, widely known as the DMCA.

Google sued SerpApi in December. It accused the company of bypassing its anti-scraping system, called SearchGuard. Google claims SerpApi used technical methods to avoid detection and pull data from search results.

SerpApi is disagreeing saying that Google does not even have the legal standing to file and bring the case.

Who Owns the Content?

At the center of the dispute is ownership. Google’s complaint points to licensed images in Knowledge Panels, merchant photos in Shopping listings, and third-party material in Maps results.

The company says that scraping this material violates copyright protections.

SerpApi’s response is direct. It says Google does not own that content. The images, listings, and map information belong to publishers, businesses, and creators.

In its motion, SerpApi cites the Supreme Court ruling in Lexmark International, Inc. v. Static Control Components, Inc.. That decision states that a plaintiff must show its injury falls within the purpose of the law it is using.

SerpApi argues that the DMCA was written to protect copyright holders. It was not designed to shield platforms that simply display other people’s work.

The company also says Google’s claims about server strain and lost ad revenue do not fit within the law’s intended scope.

What Counts as Circumvention?

The second issue involves whether SerpApi actually bypassed a protected system.

Google alleges that SerpApi solved JavaScript challenges, rotated IP addresses, and copied normal browser behavior to get around SearchGuard.

According to Google, this amounts to unlawful circumvention under the DMCA.

SerpApi disputes that claim. It says it accesses web pages that are publicly visible. Anyone with a browser can see the same pages.

The company says it does not decrypt files, break passwords, or disable security systems.

SerpApi describes SearchGuard as a bot management tool, not a copyright protection system. It argues that the DMCA applies only when someone avoids a technological measure. This technological measure then truly controls access to copyrighted work.

Other Ramifications for the Web

This case could have consequences beyond the two companies involved. If Google’s argument succeeds, other platforms might use the DMCA to block automated access to public pages that contain licensed material.

A similar issue came up recently in a case involving Ziff Davis and OpenAI. In that dispute, a federal judge dismissed a claim tied to robots.txt restrictions. The court found that the measure did not qualify as effective access control under the DMCA.

While Google’s SearchGuard is more complex than robots.txt, both cases test the same boundary. Can copyright law be used to control how public web pages are accessed?

What Comes Next

A hearing on SerpApi’s motion is scheduled for May 19, 2026. Google will file its response before then.

The court’s decision could shape how search data is accessed and how far copyright law reaches in the digital age.