I'm not American. I'm interested to read about these cases. Can you point me towards some relevant material, or at least cite the case name(s)?
You appear to have claimed that rights over material is broadly relinquished if it's published in public:
> If information is your competitive advantage maybe you shouldn't have it on a publicly accessible website
And your distinction was further clarified when you argued that placing barriers to access fundamentally changes the equation:
> Note, a simple sign up being required to view a website makes it not publicly available information any longer and you can cover usage, again, in a license.
Perhaps you meant to speak only of material which is not subject to copyright? In which case I think your argument does track.