It can be how the law works; like in Field v. Google Inc. for hosting a cached copy of a site: "Google reasonably interpreted absence of meta-tags as permission to present "Cached" links to the pages of Field's site".
I think Fair Use is the stronger defense for model training, but - for crawlers that obey robots.txt/etc. - implied license isn't totally off the table.
I think Fair Use is the stronger defense for model training, but - for crawlers that obey robots.txt/etc. - implied license isn't totally off the table.