So, the Southwest TOS state that you can't scrape or programmatically access their data. Isn't that the end of the argument unless they find a way to manually access it for customers?
In the EU all TOS are basically just a reiteration of standard consumer law, you can put into yours whatever you want but none of that nonsense survives a legal challenge.
"I am not a lawyer and this is not legal advice, but I believe this is, sadly, dead wrong. The infamous Computer Fraud and Abuse Act contains a provision barring not just unauthorized access to computer systems but also accessing such systems in a manner that exceeds authorized access. In other words, if you break terms of service on a website, you may be in violation of the CFAA."
People think that lawyers and terms can control all aspects of life. It's beyond ridiculous that a TOS that most college graduates couldn't understand is legally binding for every word in the contract. I mean shit you can put just about anything in your terms and who knows there might be a lawyer good enough and a judge stupid enough to enforce it.
It's only ok if you're a big corporation like google. Indie devs have to go play in our little sandbox and be careful not to piss of the big boys.