For better or worse, the copyright issue is probably a red herring, at least under US law.
Brian L. Frye
11
Thanks Brian, this is illuminating. I was wondering about exactly that issue while I was writing: Can it be infringement if you’re publishing (true) information rather than creative output? The Artfacts case seemed potentially different since their information is their for-sale product. But if I’m reading you right, the presence of a paywall is immaterial to the argument, right? Or is that the “terms of service” question you referenced?