Because the difference is contextual in this case, the change to the ToS regarding data mining was in response to players going through benchmark and patch data to find out the stats and details of equipment etc before the game was live or accessible. This is data that is not presented to you visually and in a manner that you could personally keep track of without the aid of 3rd party software and thus it is against the ToS to use software that enables you to view this.
However this is something SE now does on their own via the Eorzea database, most likely because they know there are people who will continue to do so otherwise, If you don't believe me check the database when the game goes down for the 2.2 patch it'll more than likely be updated long before the game goes live as was the case with patch 2.1.
These are two completely different scenarios and why the rep response is applicable here, I know it's been posted before but I'll quote it again.
I pointed out before that the quote in question was posted in a thread responding about the usage of VPNs in particular however the section i bolded and underlined applies to this directly as well.
Given that a parser a 3rd party program doesn't:
- Make viewable information that we cannot visibly see and keep track of manually ourselves via in game logs
- Make alterations to the game data in any fashion
It stands to reason that the above response is applicable.
As i previously stated anything beyond this pertaining to what players in game choose to do with the data they have available (whether parsed by hand or via 3rd party tool) would fall under harassment if it came down to grieving another player.
I would like to add to this that they very well could update and change the ToS to reflect that they view parsing and calculating in-game logs via a third party program or otherwise to not be allowed, this is by far well within their right. However to say that the ToS accurately covers this at this current time is inaccurate.
And for the record, i don't even use one however i personally don't mind if others wish to.
I agree it very well could be, i myself am one of those people that needs a VPN to properly play this game at times, an issue i have not faced with any other MMO i have played in the last 10 years (FFXI and FFXIV 1.0 counted amongst them)
which honestly is why this thread can very much use a direct Dev or community rep response sooner rather than later so we can get a definitive answer out in the open, until then the most we can do is go off of what we have so far and the nature of responses (until the GM incident) seemed to imply that this was something they viewed as acceptable.