@mmasnick but what will happen when civil society runs into APIs which do not behave as general purpose functionality that scales linearly?
Yes we can argue about legalities and lawsuits, but the bottom line is that private APIs do not have to be designed to support this kind of functionality, and at some point civil society is going to complain that they don't.
At that point: either civil society gives up, or it demands a public API, or it seeks to compel removal of rate limits.