In what way specifically?
Also, assuming they are “getting their butt handed to them” it’s only because they are huge and successful. If they were a failure nobody would care. And if they had kept up with TOS updates and still ended up a failure would they be saying, “boy glad we dropped that $5k on a lawyer.”
If you get big enough you can overcome any legal misstep you made in the early days whether it was accidental or malicious.
Patreon said disputes had to go through arbitration, and couldn't go through class action law suit.
Patreon removed a creator. That person's patreons all went to arbitration. Patreon declined the arbitration, and went to court to convert all those individual arbitration cases into one big class action.
The court said they couldn't do that, and the reason the court said that was because of the ToS drawn up by Patreon.
So now Patreon has to go to arbitration on thousands of cases, and has to pay the fees. The fees bill is a couple of million dollars.
Get big enough and then use somebody else's money to pay off your multimillion dollar mistakes. Or go out of business and it won't matter anyway.
A risk that has a 1% chance of wiping out 100% of your company, vs a risk that a 10% of chance of costing you 10% of your company, are not the same even though the net "expected value" is nominally 1% for both.
If if's and but's were candy and nuts then we'd all have a merry christmas.
If $50 million could bankrupt FB then the Winklevoss twins would have never got that much.