In the opinion they specifically discuss DOS attacks: "Internet companies and the public do have a substantial interest in thwarting denial-of-service attacks and blocking abusive users, identity thieves, and other ill-intentioned actors. But we do not view the district court’s injunction as opening the door to such malicious activity"

Hmm, not a lawyer, but I think if you commit one crime in the process of doing something else that's legal, you're still guilty. But LinkedIn couldn't block your spider if it came back and throttled at a reasonable rate.