You're ignoring that the web server is configured on purpose to give these things away without asking for payment. If your friend is standing there in his house, and when you ask to borrow his stuff he says yes and hands it to you, that's a lot closer.
It's not just a lack of prevention. It's a purposeful, deliberate choice to send this content even if you're not paying or loading the ads.
"If your friend is standing there in his house, and when you ask to borrow his stuff he says yes and hands it to you, that's a lot closer"
Closer. Its more like if your friend says you can use his car, but you need to pay him $x per mile. So you use an odometer changing device to make it look like you didnt actually use it.
It's not just a lack of prevention. It's a purposeful, deliberate choice to send this content even if you're not paying or loading the ads.