[Snipe]

I don’t see how datamining is any different than simply observing.

At a B&M joint, you’re allowed to watch the games. Why would we want to disable the ability to observe on the internet?
We don’t’? Ok – so nobody objects to watching games on the internet.

At a B&M you get 35 hands / hour. We should probably restrict hands per hour on the internet to the same rate to keep the integrity of the game. After all, if you get more than 35 hands / hour, it’s not poker.
No? Nobody agrees with this? Why? Because we’re not ruining the game, we’re simply taking advantage of technology to enhance the experience in the interest of time.

I think one can make the same argument for datamining – it’s no different than watching a game for a long time before you sit and play thereby enhancing the experience in the interest of time.

Realistically, I don't 100% agree with this statement, but think you can make a decent argument for the reasoning.