Not sure if I understand this correctly. Does this mean that if Instagram or Twitter terms does not allow scraping of their user's generated content, any developer can just go ahead and do it because the copyright holder of the post is the user?
Since the site does not hold the copyright (and rightly so), the site owner does not have the rights to say what can be done with the data. That belongs to the users that generates it.
In that case, how do we know if all the individual users consent to the scraping? If you scrape 10,000 data, and one user complains, would you be in trouble? And does the user has the right to know who are accessing the data outside of the normal use (since if they don't know, they can't object)?
Since the site does not hold the copyright (and rightly so), the site owner does not have the rights to say what can be done with the data. That belongs to the users that generates it.
In that case, how do we know if all the individual users consent to the scraping? If you scrape 10,000 data, and one user complains, would you be in trouble? And does the user has the right to know who are accessing the data outside of the normal use (since if they don't know, they can't object)?