The point is that the creators of the data were given a say in how it was used. Googlers have busted a gut to provide 99% of the value of the clickstream data so they should determine how that data is used.
There's a more general point here: If something is difficult to do but easy to copy, then society should prevent that copying so that the creator can be rewarded for their effort. This maximises creativity and productivity and boosts GDP. Musicians, inventors, artists, authors, drug companies and software developers all rely on this principle. If we didn't have copyright and patents and robots.txt then there would be no incentive to produce half of the things people want, and we would all be much worse off. Google (and any other search engine) should be subject to the same rules.
There's a more general point here: If something is difficult to do but easy to copy, then society should prevent that copying so that the creator can be rewarded for their effort. This maximises creativity and productivity and boosts GDP. Musicians, inventors, artists, authors, drug companies and software developers all rely on this principle. If we didn't have copyright and patents and robots.txt then there would be no incentive to produce half of the things people want, and we would all be much worse off. Google (and any other search engine) should be subject to the same rules.