Can be true. But I think rules still matter. Maby when not today in 5 or 10 years people are made accountable for their criminal actions.
Discussion
I don't think a ToS is really enforceable at the relay level. There's no real control over which relays get your content. Even if you could make AI scrapers respect the ToS, you can't reasonably expect the content you're protecting to not spread to other relays. You yourself can only submit your content to relays you think will respect your choices, but you can't stop users, who may be legit buy naive users, bots, or shady scrapers circumventing rules, from simply broadcasting your notes to new relays. There are no real control mechanisms for that. The only reasonable assumption is that anything put on the network can be freely scraped and copied around.