I don’t think there’s any disagreement (among you, me, and Molly White) about who the bad guys are.
The question is: What is an effective legal framework that focuses on the precise harms, doesn’t allow AI vendors to easily evade accountability, and doesn’t inflict widespread collateral damage?
Cory Doctorow has a pretty good stab at that: https://pluralistic.net/2023/09/17/how-to-think-about-scraping/