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Terms of service cannot override the law.

For example, lots of TOS make the works of users property of the platform owners. All of that can stop being relevant if that practice becomes illegal.

People consented to put their comments publicly, they didn't consented to feeding a machine that steals their ideas. One ruling establishing that the wording on the terms is not good enough, and all of that can fall.

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No one said that TOS's override the law.

If you shout something in public, someone might hear you. If you shout in a locked house they won't hear you unless they break in.

If you post something publicly on the internet, then people can look at it. If you post something privately on the internet, people have to agree to your terms to view it.

That's it, that's the logic the government uses to allow website scraping.

It doesn't matter who does it. Government, private sector, individuals. It's a gray area for all, and a risk for all.

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