Take a look at the many GDPR violation complaints which noyb.eu has filed against big businesses, almost all of which they eventually win in court. Yes, many big businesses are in fact breaking the law in this regard.
> I think here we've shifted the problem to dark patterns. The problem though is with the popups at all, because even when they are compliant, they are no less annoying, just slightly more clear.
The truly compliant ones are far less annoying. They all generally need only a single click to refuse consent, and they are also easy enough to ignore while using the site without ever responding to the banner at all.
> They probably shouldn't have claimed global jurisdiction then. Since that's a big part of what has resulted in so many poorly done cookie banners.
It's also essential to actually achieve the goal of protecting the data of people in the EU, much of which is done by companies which are based outside the EU. Do you not see the big truck-sized loopholes which would exist without that? All they would then have to do is change the website's contracting legal entity to a foreign partner or parent company and then they could refuse data subject access requests, track without consent, and so on if the jurisdiction provisions in Article 3 were as narrow as you're advocating.