Comment Re:I still don't see how there's a basis to compla (Score 1) 29
The difference depends on context, of course.
Generally speaking there are several cases to consider:
(1) Site requires agreeing on terms of service before browser can access content. In this case, scraping is a clear violation.
(2) Site terms of service forbid scraping content, but human visitors can view content and
(2a) site takes technical measures to exclude bots. In this case scraping is a no-no, but for a different reason: it violates the Computer Fraud and Abuse Act.
(2b) site takes no technical measures to exclude bots. In this case, the answer is unclear, and may depend on the specific jurisdiction (e.g. circuit court).
(3) Site has a robots.txt file and
(3a) robots.txt allows scraping. In this case, even if the terms of service forbid scraping, the permission given here helps the scraper's defense.
(3b) robots.txt forbids scraping. In this case obeying robots.txt isn't in itself legally mandatory, but it may affect your case if the site takes other anti-scraping measures.