Earlier quoted context omitted.
You're not at all obligated to abide by an open source license that just happened to be bundled in with a bunch of files you downloaded. The thing is, without that license, you're bound by copyright. That means you're not allowed to redistribute those files, or anything derived from them, at all without permission from the copyright holder, with the exception of uses allowed by fair use. For source code and similar t…
I think the point you make is an excellent one. However, we've seen court decisions that essentially equate ToS violations with wire fraud, no? I wonder where the line gets drawn...
I can only think of one, and it was overturned. Most of the others (that I can think of) have to do with an employee/employer relationship. Even the recent Craigslist case wasn't necessarily a case of ToS violation, because they were explicitly asked to C&D, but didn't.