Earlier quoted context omitted.
I wonder what legal gymnastics are needed for "I can scrape anything off the web ignoring copyright and build a product from this, but you can’t even display what’s on my webpage elsewhere”. Perhaps that is it in fact. The act of protecting it from scraping means you object. 99% of the blogged contents etc. Big AI helped themselves to was just… there. Public. Not free from copyright but still not paywalled.
Precedent is pretty clear: competitive uses bad, transformative uses good. Xcancel scrapes and then competes directly with X, whereas LLM labs scrape the internet to make an agentic intelligent bot, a transformative use of the scraped content.
It seems unreasonable to stop there though; the agentic bots are designed and marketed as able to compete with the initially-scraped sources.
I'm not convinced that a competitive use at one remove should be treated as not competitive.