How do you figure? In a movie you bought a ticket, that ticket is your contract with the theater, whereas scraping content while logged out is more like filming a police beating.

Is it true that people have no right to access any of the content on a website based in the USA without agreeing to that website's TOS if:

* the majority of the content is publically available to users who have not agreed to the TOS, such as when arriving on the website for the first time from a search engine result?

Linkedin lost the case on this AFAIK. It is allowed to scrape linkedin if you haven't accepted TOS.

They could TOS-wall the site, but if they allow to access without TOS then you could access it without agreeing. Also Google definitely access every site and even caches it without accepting any TOS.