Yes, I think this is what they'd argue too. But something to think about: Recently Google was asked (in France[1]) to start paying publishers for including news snippets in search results. That data is also "public" in the sense that it is available for crawling, but it is still owned by creators who can (and did) exercise rights to limit use. Presence of a third platform like Facebook further complicates this (I don't know if you sign off your rights to your photos when you upload them to FB for example).[1]: https://arstechnica.com/tech-policy/2020/04/french-regulator...
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