[cookiecaper]

There's already a tool to stop "copycats". It's called copyright (and for inventions, patents). You can and should use that to enforce your rights to your IP. It's not too hard to start issuing DMCA requests, and it's not even that expensive to have a lawyer do it if you're making money. It doesn't matter whether the illegal copy is obtained by a bot or a human.

While I agree that captchas and IP blocks can be employed by target sites, I don't agree that it should be illegal to circumvent them. I also don't agree that it's necessarily unethical (though in some cases, it may be). If you have public information posted on the public web, I don't think you have the right to mandate that it only be accessed by certain tools. You should plan and expect that it will be accessed by every tool capable of doing so.

If something is disrupting your business by "clogging the tubes" or whatever, that's another thing, and they can be held liable for that. But it doesn't matter that they clogged the tubes with one type of program or another; what matters is that the tubes were clogged by their actions, and that's the part that should be focused on in the subsequent legal proceedings. The specific tool or tools used to clog the tubes is at most a tangential curiosity. We don't want to make certain programs illegal.

Maybe we need a new amendment with "the right to bear code". We do not want to get down a rabbit hole where certain programs are legal and certain programs are not (at least not anymore than we already are with the DMCA et al). Down with code control!