> Civil breach of contract. Anthropic's TOS explicitly say you can't do what Kimi is alleged to have done.

Ah yes, I remember when Anthropic crawlers abided by the TOS of the websites they slurped up.

All your other points are downstream from this, which makes them pretty tenuous. Labs don't think that ToS or other explicit wishes of content providers apply to them, but they expect everyone else to abide by theirs.