They aren't 'just operating within the law'. They are actively lobbying to strengthen it, and to create legal precedents.
Sort of like copyright holders that have actively lobbied to lengthen (retroactively) terms. They have no moral standing against being stripped (retroactively) of their copyrights.
In other words, it's the law, not the companies, that are to blame. Change the law.
0: http://skeptics.stackexchange.com/questions/8146/are-u-s-com...