Mmm I’ll go with that, to be honest I saw that LinkedIn had initially made a complaint under DMCA (which HiQ then got an injunction for) as well and given how the case played out I was uncertain to the extent the case was signaling that you may be waving certain rights by making some content publicly available with no gating like a sign up.
You appear to have claimed that rights over material is broadly relinquished if it's published in public:
> If information is your competitive advantage maybe you shouldn't have it on a publicly accessible website
And your distinction was further clarified when you argued that placing barriers to access fundamentally changes the equation:
> Note, a simple sign up being required to view a website makes it not publicly available information any longer and you can cover usage, again, in a license.
Perhaps you meant to speak only of material which is not subject to copyright? In which case I think your argument does track.