A federal judge in California dismissed Google’s amended lawsuit against SerpApi, the second dismissal in a case brought under the Digital Millennium Copyright Act’s anti-circumvention rules. Google must plead that its SearchGuard anti-bot system controls access to copyrighted works and that the copyright owners authorized Google to use the system for that purpose. The court had dismissed Google’s original complaint in July for failing to establish those requirements; Google then amended its claims, and SerpApi again sought dismissal.
The judge found that the amended complaint still did not supply the necessary facts. Google’s Reddit licensing agreement did not establish that the relevant material was copyrighted, appeared in the search results at issue, or belonged to Reddit rather than its users. Two other licensing agreements were described too vaguely to show what content they covered or whether they authorized restrictions on automated access. Google’s Privacy Policy said nothing about licensed content or protecting it, and the complaint did not show that owners of the cited lyrics, images, and user-generated material had authorized SearchGuard. The case was dismissed with permission to amend only to address these specific gaps. Google has 21 days to file another complaint; otherwise, the court says it will dismiss the case with prejudice, ending the claims.
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