Remember the OP article is about a system that is designed to completely and directly circumvent protections.
If an organization puts a series of processes in place to prevent scrapers from wholesale taking data in violation of terms of service, and you develop a 5 server cluster of 200x 4G modems it's no longer "fair game" and you're directly being unethical in your use of someone else's services.
Yeah, I think it's fair to say that in the presence of anti-bot measures (whether they work or not) that the content on the website isn't public anymore.
Available to someone meeting certain criteria (student discount, senior discount) doesn't mean available to anyone. I see no reason that "not available to be consumed by autonomous agents" is somehow invalid in a way that unlimited refills is only available to humans and not robots.
If an organization puts a series of processes in place to prevent scrapers from wholesale taking data in violation of terms of service, and you develop a 5 server cluster of 200x 4G modems it's no longer "fair game" and you're directly being unethical in your use of someone else's services.