I would look at #1 here. Crawling the Internet to collect information is one thing. (And people putting text on the web without requiring authentication seem to be granting at least some kind of license to anyone who sends a GET request.). But crawling the Internet (via centralized robots or users’ browsers), then storing that data and charging money to others for rights to that data (as Brave seems to be doing, quite explicitly) seems like it deserves a very different evaluation under factor #1.