> Terms of service have no legal binding unless both parties agree to them.
Companies are perfectly entitled to tell people they aren't allowed to use their services anymore. That's what the C&D was. It's perfectly legal to say "here's an API anyone can use, except you, Anish Kapoor."
It's like if Reddit bans you, you aren't entitled to use the site after they've told you you're banned. Even if you can find a technical means around the ban, it's still trespass.
Companies are perfectly entitled to tell people they aren't allowed to use their services anymore. That's what the C&D was. It's perfectly legal to say "here's an API anyone can use, except you, Anish Kapoor."
It's like if Reddit bans you, you aren't entitled to use the site after they've told you you're banned. Even if you can find a technical means around the ban, it's still trespass.