Jud Valeski at O'Reilly Radar posted a great piece recently on the "The black market for data".  The part we feel is really worth highlighting has to do with keeping data available:

Despite black markets and TOS violations, it's important for publishers to continue to make their data widely available. Publishers get the public benefit of being labeled as open, as opposed to proprietary. They also effectively outsource many of the hard technical challenges and business models to developers who want to build products based on their data.

It's important to realize that data has value beyond the original intention of its creators, and we should encourage the creation of that value.  We should do what we can to prevent the misuse of the data by some data consumers, but we should make sure that data consumers that are using data to create additional value are encouraged to do so.