My point is that to invoke the "they're DOSing" excuse, you actually have to provide evidence it's happening in this specific instance, rather than vaguely gesturing at some class of entities (AI companies) and concluding that because some AI companies are DOSing, all AI companies are DOSing. Otherwise it's like youtube blocking all youtube-dl users for "DOSing" (some fraction of users arguably are), and then justifying their actions with "People never agreed DOSing a site to take copyright material was acceptable".