Laws are typically implicitly considerate of scale. Very rarely are they explicitly considerate of scale.

To wit, sharing music digitally, Google scanning books, or Uber/Lyft providing unlicensed taxi services.

It's pretty rare that laws consider what should happen if it were suddenly possible to 10x or 100x preexisting throughput.

And specifically where laws balance multiple, often-opposed, stakeholders' interests, that change can drastically upset the previously negotiated compromise.

Which is why piracy at scale, before it's banned, tends to be a successful foundation for many businesses.