A distinction without a difference. This is the result of the law. If you think this can be improved by better enforcement, maybe the EU should give this a try. But this comes in a package. You can't pass a law and then say, "sure we ruined the internet, but its just because the law is scary enough that companies add terrible popups, but not scary enough to make them actually compliant.

Also, to be clear, I personally don't care about dark patterns in those consent popups. I click whatever is the biggest button (like lots of people), the one that hopefully gets me the quickest to the content I want to see. The popup itself is the annoying thing. Because it appears on every. single. link you click.