It's the best example we got. The case was overturned (after he spent quite some time in federal prison) not because it was found that he didn't violate the CFAA but because the charges were brought in the wrong jurisdiction.

Again I think you're confusing the fact someone could trick the server into delivering the content for free with WSJ intending to deliver their content to you for free. Since WSJ clearly intends their content to be delivered to only Googlebot for free and to users only if they pay, it is likely a jury would consider this a violation of CFAA.

A web server returning 200 OK is not ipso facto a guarantee the person making the request is not committing a crime. To give a more obvious example, if the request header contains a stolen authorization token. The law does not require the access control be non-trivial to defeat.

I don't like it, and I think the CFAA is seriously problematic, but it is the law and the Feds have been known to enforce it.