In almost all cases before gen AI, scraping was found to be legal unless the bot accepted terms of service, in which case bot is bound by ToS. The biggest and most clear is [1]. People have been scraping internet for as long as internet existed.

[1]: https://en.wikipedia.org/wiki/HiQ_Labs_v._LinkedIn

Before gen AI, scraping mostly wasn't about copyrightable data but about finding facts. Scraping doesn't magically make copyright infringement legal.