What's different is that they are not doing the same thing.

Here are a couple articles about the charges and the case against Swartz [1][2]. Compare the elements of the various charges to what the AI companies are doing and there isn't really a good match.

[1] https://volokh.com/2013/01/14/aaron-swartz-charges/

[2] https://volokh.com/2013/01/16/the-criminal-charges-against-a...