It seems like the biggest step forward that scraping/crawling could take is to get some relevant legal precedent -- is it possible to manufacture/make a case th

It seems like the biggest step forward that scraping/crawling could take is to get some relevant legal precedent -- is it possible to manufacture/make a case that could finally set the legal precedence for this? For example on the issue of insta-agree TOS's that you are in no way forced to read ("by being on this website you agree to our TOS" BS), is it possible to make cases to establish precedence from that? Let's say I set up a site where the TOS says everyone that views the site agrees to give me $5 and I sue someone -- clearly that wouldn't hold up in court (gulp, hopefully) -- and having it struck down would help clear up this gray area...