It makes sense there because the actual consequences are undesirable. What are the undesirable consequences we're incentivising here? That Google will cover the entire web in captchas?
That Google gets an unfair advantage compared to other companies, making it harder to start a new company able to compete with Google on Machine Learning? (Which is already impossible, because Google uses the knowledge from ReCaptcha, GMail, etc unfairly)
From one perspective it doesn't matter - your batteries are gone either way.
But from another perspective, inspectors who keep what they find have completely different motivations - making the same outcome much more sinister and corrupt.