It is not black and white, despite your assertion. It should be tested in court.

"You can scrape anything you like off the internet and do as you please... but you can't create a business out of it."

I tried to tell this to the Google guys in the 1990's but they didn't listen! :)

Site TOS don't really matter too much or else Google could never exist. They're mostly to limit the liability of the publisher and not to prevent anything with the accessor. Googlebot is not a lawyer, it can't decide the legal implications of scraping or what exact activity can be done with the data it finds.

Google also overlays facts it finds by crawling the web in maps (Google Places and the One Box results) and uses the creative contribution of other people to provide things like reviews inline on SERP. Google is a bad target to sue though because they will punch you right back in the face.