robots.txt grumpy, if you don't want to join the link economy.
Google, apple, or any company, organization, etc.. If API's are implicitely copyrighted by definition, all open standards are suspect, all transparency, who the hell knows what happens with the concept of fair use.
The other thought was that Google's web page has never has been an API. Its an end user access mechanism to their service (which hosts a collection of useful information). If you want to use their service, you abide by their TOS which specifically forbits scraping. I've never signed an NDA for using a programming language, but it bet if I did, I'd be just as liable for breaking the terms of use as any Google scraper would be for abusing Google's service.