As a general rule of thumb: you can sue anyone for anything in the US. There are even a few cases where someone tried to sue God: https://en.wikipedia.org/wiki/Lawsuits_against_supernatural_...
When we say "do we need" or "can we do" we're talking about the idea of how plausible it is to win case. A lawyer won't take a case with bad odds of winning, even if you want to pay extra because a part of their reputation lies on taking battles they feel they can win.
>because when I accidentally punch someones tooth out, I would assume they certainly are entitled to the dentist bill.
IANAL, so the boring answer is "it depends". reparations aren't guaranteed, but there's 50 different state laws to consider, on top of federal law.
Generally, they are not entitled to pay for damages themselves, but they may possibly be charged with battery. Intent will be a strong factor in winning the case.
Keep in mind I'm in Germany, the server is in another EU country, and the worst scrapers overseas (in China, USA, and Singapore). Thanks to these LLMs there is no barrier to have the relevant laws be translated in all directions I trust that won't be a problem! :P
Are you a criminal defense attorney or prosecutor?
> They have to had known
IMO good luck convincing a judge of that... especially "beyond a reasonable doubt" as would be required for criminal negligence. They could argue lots of other scrapers operate just fine without causing problems, and that they tested theirs on other sites without issue.
Still, even by those lesser standards, it's hard to build a case.
Criminal cases require proof beyond a reasonable doubt. Most things that can result in jail time are criminal cases. Criminal cases are almost always brought by the government, and criminal acts are considered harm to society rather than to (strictly) an individual. In the US, criminal cases are classified as "misdemeanors" or "felonies," but that language is not universal in other jurisdictions.
>Absent a guilty plea, the Due Process Clause requires proof beyond a reasonable doubt before a person may be convicted of a crime.
