What if I never read or even open the ToS and proceed directly to screen scraping your site?
Afaik there is no law that mandates you must read/agree to the ToS before loading a website. In fact, what if the ToS states 'If you visit this site, you must pay us 1000 dollars', are you now liable? Despite the fact that just to read the ToS you had to visit said site.
My point is that only a court will decide what happens, and just because something is in the ToS doesn't mean it gives you carte blanch to do whatever you please.
Sure, ToS are crap - they're not contracts and any 'extra rights' the site gets are indeed not worth the electrons they're printed on. But copywritten content is protected by good-old actual law.
Afaik there is no law that mandates you must read/agree to the ToS before loading a website. In fact, what if the ToS states 'If you visit this site, you must pay us 1000 dollars', are you now liable? Despite the fact that just to read the ToS you had to visit said site.
My point is that only a court will decide what happens, and just because something is in the ToS doesn't mean it gives you carte blanch to do whatever you please.