I don't disagree with your overall point. You cannot determine intent by looking at an HTTP request.
Criminalizing a fan who really, really wants Taylor Swift tickets so that you also prevent ticket scalpers, who would do the exact same observable actions, is not going anywhere good.
When limits must be decided like this, our definitions cannot be enforced by technology, and we can't afford judges and juries to handle the scale of the current situation. Look at the original post I replied to, which appears to believe we can easily define "automated" in a way that's useful to meet the wishes of site owners against the wishes of site visitors, regardless of visitor intent and regardless of accommodation for disabled visitors.
Criminalizing a fan who really, really wants Taylor Swift tickets so that you also prevent ticket scalpers, who would do the exact same observable actions, is not going anywhere good.
When limits must be decided like this, our definitions cannot be enforced by technology, and we can't afford judges and juries to handle the scale of the current situation. Look at the original post I replied to, which appears to believe we can easily define "automated" in a way that's useful to meet the wishes of site owners against the wishes of site visitors, regardless of visitor intent and regardless of accommodation for disabled visitors.