What I meant is that the thing it's facilitating is not copyright infringement. It's not copyright infringement to download a document that was intentionally provided by a public server. The fact that they display paywalls to some visitors under some circumstances is irrelevant. Remember, you can also "circumvent" these paywalls by reading a newspaper at a library or office lobby.
no? section 3a circumvention definition is exceptionally (and intentionally) wide in the and section 3b does the same for what is considered a restrictive measure.
As far as I'm aware most websites don't have (enforceable) eulas that state what parsers can and can't be used. If I want to read the binary stream from the wire that's my prerogative.
If you have a website that shows a blank page, to everyone that doesn't send a specific token to your webserver, and I discover that I can view said page by manipulating the dom with any old browsers console I am not violating your copyright. You willingly sent that information.
To bring this home, if I can read an article visually obscured by code that has otherwise been given to me in an unencrypted form I am not violating copyright. If a company has a problem with people seeing everything said company sends to them then they're woefully ignorant of how browsers work. The solution is to stop including the article. Rightfully, this kills seo rankings.