Intent matters.
If Alice's archive gets no traffic, and Roger's recruiting firm does 40% of their business using Alice's data, and Alice and Roger get dinner together every week, Alice seems to be doing something wrong.
Even on his own, Roger is still scraping Github. The defense "It wasn't me, it was the Python program that was in the wrong!" is just as ludicrous as trying to hide behind the fact that Alice's archive is scraping the site itself. They're putting limitations on the information, not limitations on how computers are allowed to talk to each other.