2. LinkedIn has every right to define what the use policy is for information it makes available publicly through its own product. In this case, the policy was violated, and the violator was notified through appropriate channels that they were in violation. They continued to access LinkedIn and violate the policy, which is illegal. The critical distinction is that what they were doing only became illegal when LinkedIn notified them that they were in violation of the policy, no longer welcome on the site, and they continued to do what they were doing anyway.
LinkedIn has every right to define their use policy through technical means. If they want to make it publicly available, then they understand part of that public is their competitors. In my opinion, website operators should not get any legal protections for things they can easily do themselves through readily available technical means.
I wholeheartedly disagree that LinkedIn has any right to define the use policy for data it makes publicly available. A wide variety of data is available to the public and you can't simply sue people who use that data in a way that you dislike. If you would like to keep that data private then do so.
This is entirely different. LinkedIn wants to make the data available on the public internet... Except sometimes. They can't figure out a technical solution so they are pushing for a legal solution. If you'd like to try to further your coffee shop argument, this seems more like a coffee shop giving away free coffee with a notice letting customers know that there's a limit of three free coffees per person and then being shocked when some customers take four or five. Or all of them.