Earlier quoted context omitted.
I don't think you have to bring implicit contracts into it. If I walk down the street and someone's shadow falls on me, I simply don't have a cause of action against them. If someone looks at me, I don't have a cause of action against them. If someone calls my name on the street, I don't have a cause of action against them. (Barring extraordinary circumstances, of course.) You don't need to invent theories about how…
I like your example but I don't think that a web page is like a person in public space. As you say their is no tort generally in approaching someone in the street but it is possible that a legal barrier has been erected and so an uninformed observer can't assume that no infringing/illegal activity is being undertaken (think exclusion orders, stalker laws, anti-social behaviour orders and the like; I think these are r…
Hmm, I hadn't thought about it from that point of view, but I think you're right. It seems like clear evidence that your copyright law (I assume you're in the US) has gone mad and needs to be put to sleep.