Importantly, facts are not copyrightable (/Feist v. Rural/ was the Supreme Court decision that cemented this into the case law), so not only is this not a DMCA

Importantly, facts are not copyrightable (/Feist v. Rural/ was the Supreme Court decision that cemented this into the case law), so not only is this not a DMCA notice, the DMCA -- as best I understand -- couldn't possibly apply here. Now, a cease and desist from scraping would be completely within their rights to do -- as far as I understand, nobody's come to any consensus as to whether terms of use are legally enforceable, but given the way aaronsw's case was going, I'm not convinced that a court would back this use of Apple's site.