Both entail an act which is contrary to what is lawful. Whist they aren’t identical, as one tends to deal with what is proscribed by law and the other where it’s outside the bounds of the law, any comparison between the two is intellectually dishonest in the context of the subject matter, namely a clause in an agreement, which his only going to be criminal in the most extreme of circumstances.
Through the prism of rules that one organisation subjects the other to, unlawfulness is egregious. Any attempt to claim it’s not illegal is both a non-sequitur and simple semantics.
It’s akin to claiming that because you didn’t get sent to jail for speeding that provides some form of mitigation when it’s not an imprisonable offence.
It’s dishonest misdirection, nothing more.
Like I said previously, no point engaging with the ****.