Cloudflare, Google Captcha, HCaptcha etc. are all shitty technical solutions because, as we are all discovering, it comes at the cost of our privacy (i.e. our personal data may monetise these services) and / or our computing resource and time. If current copyright laws aren't sufficient to prevent this, we have to acknowledge the system is broken. The answer could be enhancing it with some kind of Digital Millennium Copyright Act (DMCA) -like laws, but in favour of the creators against BigTech or rogue actors.
- Web-scraping and copyright law - https://www.neudata.co/blog/web-scraping-and-copyright-law
- Why DMCA Claims Against Web Scrapers Face Long Odds - https://capstonedc.com/insights/why-dmca-claims-against-web-...
As for issues like bots overloading websites or using too many resources scaling laws will take care of it quickly, it’s not like you can’t serve thousands of RPS from a Raspberry Pi these days.
> we have to acknowledge the system is broken
The system is broken. It probably takes, what, 10 seconds or less to use a residential or foreign proxy, 6+ months to internationally track and prosecute a single offender? So like a million times more effort going the regulatory route.