Empire strikes back
How a global search monopoly is trying to maintain its influence
Из выпуска мониторинга No. 2 (26), February 2026 · выпуск целиком, PDF · на сайте Института Гайдара
In February 2026, a new legal dispute involving Google has broken out in the United States, but now the IT giant has acted as a plaintiff against a company known privately as SerpAPI.
The lawsuit itself dates back to December 2025, when Google accused SerpAPI of web scraping search data and then selling it. According to the IT giant, this violates its copyright. In February 2026, SerpAPI responded to the claims by asking the court to refuse to consider the case.
In the lawsuit, Google made several claims.
Firstly, copyright on the structuring of search results data has been violated. Although the data is not the company’s product, the approach to structuring and issuing data, according to the search engine, is protected by copyright.
Secondly, while recognizing its copyright in search results, Google accused the defendant that SerpAPI took measures to circumvent technological protection built by the IT giant.
The fact is that in January 2025, Google launched the SearchGuard system, which tracks user behavior and prevents the automated collection of search results data. Circumvention of technological protection for collection of copyrighted works is expressly prohibited by the US1 law.
Thirdly, SerpAPI is accused of violating the copyrights of third parties who provide data to Google based on licensing agreements (for example, photographs of famous people).
SerpAPI did not agree with Google rationale. According to the company, data that they collect, are in public domain, and any person can receive and collect it («fair use» principle). Google does not have copyrights to the content of search results, and therefore cannot take advantage of copyright protection in compliance with legislation.
In addition, according to the defendant, the created SearchGuard system is not aimed at protecting copyrighted works, but in general prevents downloading of any data.
In their public statement SerpAPI sharply notes: SearchGuard is aimed not at protecting works, creators or publishers, but at Google's ability to generate revenue.
The outcome of the trial becomes especially significant if plunged into the context of who SerpAPI is working with.
Daily updated search results data play a significant role in the development of generative AI, which is why SerpAPI’s clients include creators of ChatGPT.
The service uses SerpAPI to obtain Google search results data. The search engine's attempt to limit data collection, first technologically, and now in court, is a struggle between Google and OpenAI for market position.
Currently, there is an increase in the popularity of chatbots, which is reducing interest in traditional search. Thus, for example, 72% of those who own paid version of ChatGPT, installed the chatbot page as the start page in their browsers, thereby replacing Google search.
What is next?
SerpAPI, proving in its statement the absurdity of the accusations, notes that its fine due to Google’s accusations could amount to $7 trillion - according to the law, compensation is assigned for each download. This is more than, for example, Germany's GDP.
Suppose that a similar dispute arises in Russia (and this has already happened, see VK vs. Double Date 2017-2022), then the system of penalties will be more modest, since Russian legislation does not likely provide for compensation for each download, and Russian courts will consider the violation as a whole. However, even in this case, the fine for a company collecting data from a Russian search engine in the same way as SerpAPI could amount to Rb 10 mn.
From the monitoring issue No. 2 (26), February 2026. Download the full issue (PDF) · issue page at the Gaidar Institute
