...but the matter of "what the law cares about" is not really the point of contention here - what matters here is what happens in the real world.
In the real world, these requests are being made, and servers are generating responses. So the way to change that is to change the logic of the servers.
> In the real world, these requests are being made, and servers are generating responses.
Except that’s not the end of the story.
If you’re running a scraper and risking serious legal consequences when you piss off someone running a server enough, then it suddenly matters a great deal independent of what was going on up to that point. Having already made these requests you’ve just lost control of the situation.
That’s the real world we’re all living in, you can hope the guy running a server is going to play ball but that’s simply not under your control. Which is the real reason large established companies care about robots.txt etc.