If you ever went on a hike but never intended to sue anyone. Why did you go out in the first place?
If you did and someone is able to punch you in the face without any lasting damage, without reputation loss, and via a way they have access to the myriad legal defenses you couldn't come up with if you tried, after you sued them.
How is that game over?
Just because someone corporation is, because of its sheer size, over the law (as far as a John Doe is concerned anyways), does that make it a right? We could probably do away with laws at that point and just accept getting punched in the face by Microsoft whenever they feel like it as the new reality.