a) As an outside observer, I would find such a lawsuit very interesting/valuable. But I guess the financial risk of taking on OpenAI or Anthropic is quite high.

b) If you don't want bots scraping your content and DDOSing you, there are self-hosted alternatives to Cloudflare. The simplest one that I found is https://github.com/splitbrain/botcheck - visitors just need to press a button and get a cookie that lets them through to the website. No proof-of-work or smart heuristics.