At the end of the day, as an individual or a team or a company, regardless of the statue and case law, you have to perform the calculus on your monetary and legal resources versus your counterparty.
Obviously ungrounded and frivolous cases tend to be easier to defend asymmetrically, but if I was X's legal team, there's no shortage of semi-plauisble claims I could throw at the wall and see what sticks.
As an example of this imbalance in action, BrightData is a 'gray area' company that basically does this exact kind of scraping. They have somehow won against Meta Platforms suing them, and even got X's lawsuit against them for scraping -- identical (?) activity to XCancel -- dismissed.
According to Wikipedia:
> In May 2024, a federal judge dismissed the suit, ruling that Bright Data did not violate X's terms of service or copyright by scraping publicly accessible data.[24] The judge emphasized that such scraping practices are generally legal and that restricting them could lead to information monopolies
But does XCancel have the resources of a company like Bright Data, that's funded and used by companies like Deloitte and Moodys?
Notice it says "terms of service or copyright". If X's lawyers have any intelligence, they'll have a reason why XCancel is not identical to Bright Data. Perhaps this time, instead of claiming it's a copyright violation, they'll claim it's wire fraud because multiple accounts are used.
I wonder if anti-SLAPP laws could be used to shield nitter: https://en.wikipedia.org/wiki/Strategic_lawsuit_against_publ...
If the name Bright Data is ringing a bell to anyone, it’s probably because they are a (the?) primary offender running the LG TV “residential proxy” (botnet)