The hiQ case is kinda weird because the part people here care about is scrapping public pages, but the claims still being litigated are all concerning activities done while logged-in or at least under the ToS. hiQ can win on the public scrapping claims but lose on the rest, there's no "win/lose" in law except on individual claims. The articles kinda bury that distinction and then claim "you don't want to go out of business like hiQ, get a lawyer".