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You're inconsistent, and so are the courts and most comments here. Either you favour such conflicts to be decided by technological might, or by the clearly expressed will of the content publisher to have binding effect.

If you consider scrapers to have some sort of right to access any public website, any technological barriers inflict exactly the same harm as an injunction, assuming it is effective. IF you allow technical blocking, it would be preferable to allow blocking-by-clearly-stated-wish, because it would save everyone the costs of the arms race. It would also make both parties' success somewhat independent of the resources they can invest into outgunning their opponents.



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