That doesn't look like Foursquare has handed that over. What's the legality of scraping a service for their data in this way?
We'll be contacting this researcher to ask where they got this data and whether it conforms to our policies.
Data is not "publicly and freely accessible" if accessing it requires you to agree to separate terms of service for it that restrict your ability to access and redistribute it.
(Whether or not one believes the data should be freely and public accessible is a separate matter, but given the above, it's hard to make the case that it is).
Amusingly, this data still isn't "freely accessible", because these people have attached their own, separate terms to reusing and redistributing the data.
Rules on itself don't restrict anything, enforcement does.