By "figure it out well enough" do you mean a laborious and expensive process fraught with miscarriages of justice despite good faith, best efforts? A process where being acquitted (or a plea deal to a lesser charge) might very well result in financial ruin?
Equating "acceptable browser vs abusive bot" with "manslaughter vs murder" is not useful.
And this is a society where many of the most powerful corporations got started by just blatantly ignoring the laws of their industry. See: Uber, OpenAI, etc.