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Wouldn't MIT losing all JSTOR access for several days count as damage done? Given MIT's research focus and its size, it is hard to imagine how that could not have disrupted the work of a lot of researchers.

There's also the potential for harder-to-measure future damage. For example, when an organization like JSTOR approaches a publisher and tries to work out a deal that will allow university patrons access to one of their collections, a major factor in whether the publisher agrees is whether their data will be safe from scraping. When someone does scrape a large portion of it through just one of these arrangements, the publishers get spooked and less likely to make them in the future, and the end result is that the general public ends up with less access to knowledge than they had at the start.

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