Fraud is only one type of harm. The bigger question is whether there is harm, regardless of type. In the restaurant case, there is harm even though it's not fraud. In Gett's case it's not really fraud either but one can argue there was harm done as well. Information can confer competitive advantage. The question that remains is who's fault it is. It's kind of dumb on Gett's part to leave themselves wide open. I'm not experienced enough in jurisprudence to really determine that.