Judge Rejects Google's Attempt to DMCA Its Way Out of Being Scraped
126 points - today at 6:15 PM
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In USA copyright requires a minimum degree of original creativity in the selection, coordination, or arrangement of the data.
I think it's a rather grey line to say that Google search results are just facts, but eg maps are copyrightable. There's a rather large amount of effort involved in crawling and ranking the web - the PageRank itself should be copyrightable.
Basically, search engines are publicly scrapable, though I do wonder as from a law point of view, that it must be within the murky waters as to what a search engine means in terms of seperating its search engine code/its recomendation engine and the public data much of which are intertwined with each other.
I believe that the argument that could be made is that the recommendation engine is the way it is because of all the data and its unseperable to really copyright the whole mechanism in all its glory.
Speaking of which, it seems that AI models feel really similar. Does this judge lawsuit show that AI model weights aren't copyrightable as well? If a search engine is built on public indexes then so are the AI models. I was just writing similar comment on another thread but it seems to be the case, definitely worth a blog article or thinking more about perhaps this judgement by this judge itself in general as well, I just have a vibe that this judgement has pretty far reaching consequences in its impact.
Google vs. SerpApi: The Court Granted Our Motion to Dismiss