The reason people are talking about this in such a negative light is because it did not occur in a vaccum. Nothing but mildly and moderately bad news over a swath of time adds up quickly. If there was no other bad news it could be written off, but this bad news bears the wight of all the other bad news as well.
Sometimes it’s just because the lawyers who wrote TOS grab as much leeway as they can, even if it’s just to make a translation.