>> So now if they add a specific copyright notice on the page that was getting scraped, the court might come back later and rule differently if scraping continues? Or am I misunderstanding.
IANAL but you are not misunderstanding. From all the ruling I've read, the courts tend to address "this case" particularly when they cite specifics. In this case the defendant used the argument that the copyright notice was not on the page the data was taken from and the court ruled in their favor. Nothing appears to be said about how it would have gone if such a notice were present because no other arguments were made (based on this article). I suspect there are other arguments to be made in such a notice were present (data/facts can not be copyrighted etc) but they didn't rule on any of that.
IANAL but you are not misunderstanding. From all the ruling I've read, the courts tend to address "this case" particularly when they cite specifics. In this case the defendant used the argument that the copyright notice was not on the page the data was taken from and the court ruled in their favor. Nothing appears to be said about how it would have gone if such a notice were present because no other arguments were made (based on this article). I suspect there are other arguments to be made in such a notice were present (data/facts can not be copyrighted etc) but they didn't rule on any of that.