It's not as clear cut, and the law doesn't seem to be entirely clear either [0]. Many in the tech world don't agree that it should be [1].

I'd say this would be one of the most controversial things to refer to as 'malicious'.

[0] https://arstechnica.com/tech-policy/2017/07/linkedin-its-ill...

[1] https://news.ycombinator.com/item?id=14891301

There is a difference between reading ToS and accepting it. I am not obligated to anything just by downloading webpage from internet.

Most ToS don't forbid scraping for "malicious tasks", they just don't allow it for any task.

At what point does a tos stop being enforcable? Would something like by visiting you grant all copyright on any materials the visor has created to this site? Could you demand 10% of yearly revenue for any business that visits and be legally able to retrieve the funds?

I don't need to accept those to use the site. (in most cases)