Ok, if I left the prototype for a new bike on the pavement, and you came along and 3D printed an exact replica. Sure, the original still exists, but you just violated trademark/registered design laws because it was there. It's not the same as a photo because a photo of a bike doesn't give you the same value as the actual bike, whereas scraping the content of a webpage does give you the same value.
Perhaps my analogy wasn't great, but the grey area is around going to LinkedIn's server (whether or not this is "public" or their property they allow you access to is another philosophical question, though in the eyes of the law it appears it's the latter), deliberately extracting value from it, and then getting annoyed when you're asked not to.
Inherently it seems as though it's the old question of whether a server is public, or private but accessible (like those POPs [0] there was a thread on recently).
Perhaps my analogy wasn't great, but the grey area is around going to LinkedIn's server (whether or not this is "public" or their property they allow you access to is another philosophical question, though in the eyes of the law it appears it's the latter), deliberately extracting value from it, and then getting annoyed when you're asked not to.
Inherently it seems as though it's the old question of whether a server is public, or private but accessible (like those POPs [0] there was a thread on recently).
[0] https://en.wikipedia.org/wiki/Privately_owned_public_space