The part that still bothers me so much about the US vs Swartz case is that JSTOR didn't pursue civil litigation against Aaron. It was the US government that pursued him. There was little for the government to lose in the case. In a case vs Meta, at the scale it has reached, it could have wide ranging economic implications limiting the investment in AI, which the US is absolutely not willing to pursue at this point in…
If you want to know how and why it is like this, read Perkin's books (atm I'm reading "The New Confessions of an Economic Hit Man"). It's why Meta will not get sued but Aaron was, and it is why ships are now lining up in front of the Panama canal paying as much as 400k for a crossing with little of that wealth making it to the people of Panama.