ddtaylor
a month ago
Google really doesn't have a leg to stand on here. They scrape the Internet. They replace content against the wishes of users multiple different times, such as with AMP. Their entire business model recently has been to provide you answers they learned from scraping your website and now they want to sue other people who are doing the same.
Data wants to be free. They knew that once.
EDIT: Also to be clear I am not saying they can't win legally. I'm sure they can do legal games and could shop around until they were successful. They are in the wrong conceptually.
miki123211
a month ago
As the post says, Google only scrapes the websites that want to be scraped. Sure, it's opt-out (via robots.txt) rather than opt-in, but they do give you a choice. You can even decide between no scraping at all and opting out on a per-scraper basis, and Google will absolutely honor your preferences in that regard.
SERP API just assumes everybody wants to be scraped, and doesn't give you a choice.
(whether websites should have such a choice is a different matter entirely).
Nextgrid
a month ago
This is a bad argument because Google is using its monopoly to effectively force websites to allow Google to scrape them.
lurking_swe
a month ago
requiring me to explicitly opt-out of something is NOT the same thing as getting my consent. So your argument breaks down there.
You know what getting my consent would look like? Google hosting a form where i can tell them PLEASE SCRAPE MY WEBSITE and include it in your search results. That is what consent looks like.
Google has never asked for my consent. Yet they expect others to behave by different rules.
Now where google may have a reasonable case is that google scrapes with the intention of offering the data “for free”. SerpAPI does not.
carlosjobim
21 days ago
> You know what getting my consent would look like? Google hosting a form where i can tell them PLEASE SCRAPE MY WEBSITE and include it in your search results. That is what consent looks like.
Just for anybody wondering, they have always had such a form as well. Apart from their general crawling.
halJordan
a month ago
It's never been the case that if you put something into public, then you get to reserve your right to refuse public access. Either it's public and strangers can look at it. Or it's private and you need to implement a gate.
gnfargbl
a month ago
If this is about protecting third parties from being scraped, why does Google have an interest at all? Surely Google won't have the relevant third-party data itself because, as you say, Google respects robots.txt. So how can that data be scraped from Google?
I don't think this suit is actually about that, though. I think Google's complaint is that
> SerpApi deceptively takes content that Google licenses from others
In other words, this is just a good old-fashioned licence violation.
ricardo81
a month ago
Unfortunately they do have a couple of points that may prove salient (though I fully agree about them being scrapers also).
You can search Google _for free_ (with all the caveats of that statement), part of their grievance is that serpapi use the scraped data as a paid for service
Lots of Google bot blocking is also circumvented, which they seem to have made a lot of efforts towards in the past year
- robots.txt directives (fwiw)
- You need JS
- If you have no cookie you'll be given a set of JS fingerprints, apparently one set for mobile and one for desktop. You may have to tweak what fingerprints you give back in order to get results custom to user agent etc.
Google was never that bothered about scraping if it was done at a reasonable volume. With pools of millions of IPs and a handle on how to get around their blocking they're at the mercy of how polite the scraping is. They're maybe also worried about people reselling data en masse to competitors i.e. their usual all your data belongs to us and only us.
crote
a month ago
> You can search Google for free
I thought the ads counted as payment? That seems to be the logic used to take technical measures against adblockers on YouTube while pushing users towards a paid ad-free subscription, at least.
If viewing ads is payment, then Google isn't a free service. If viewing ads isn't payment, then Google should have no problem with people using adblockers.
ricardo81
a month ago
I don't disagree with the logic and it definitely is/was their business model, scraping/crawling the web and subsidising the service with ads. But clicking on ads are optional.
jofzar
a month ago
No google's business model is showing you ads, not clicking on them. That's the job of the person who designs the ad.
Google would like you to click through as it looks better for their stats, but they don't actually care.
LunaSea
a month ago
> You can search Google _for free_
Well not through their API which you do need to pay for and is a paid service.
eddythompson80
a month ago
Eh, and in 20 if SerpApi or whatever the fuck becomes the next google, they’ll have a blog post titled “Why we’re taking legal action against BlemFlamApi data collection”.
The biggest joke was all the “hackers” 25 years ago shouting “Don’t be evil like Oracle, Microsoft, Apple or Adobe and charge for your software, be good like Google and just put like a banner ad or something and give it away for free”
Nextgrid
a month ago
We need a legal precedent that enshrines adversarial interoperability as legal so that we can have a competitive market of BlemFlamApis with no risks of being sued.
p0w3n3d
a month ago
they have the Leg to stand on. It's called Money. Second one is called Position (on the market). Third is Lawyers. It's a stable tripod