The law says "authorized access" and the WSJ authorized Google to access their content in order to index it. The WSJ did not authorize that content to be presented, for free, to you, an end user, necessarily. I don't know which way a court would rule on it, but it's definitely not black-and-white.
Sure, it's technically similar, but the court doesn't care. The court doesn't care if the law makes no technical sense, because it's a law, not a program.
