[PuddleCheese]

I feel there's a lot missing from this, and some terminology would require clarification (What constitutes "used"?).

Generally speaking, this supposition skirts around the concept of monetizing from the work of others, and seems at odds with what the Berne Convention seems to stipulate in that context, and arguably seems in violation of points 2 and 3 of the three-step test.

That's to say nothing regarding the various interpretations on data scraping laws that preclude monetizing outputs.

I don't feel it's that black and white, personally...

[PeterisP]

What I mean by "used" means any use where copying and reproduction is not involved.

The Berne three-step test specifies when reproduction is permitted, however, any use that does not involve reproducing the work is not restricted, and monetization does not matter. It's relevant for data-scraping laws because you are making copies of the protected work.