The communication is between humans and humans. A human at one end craft content and store in on a computer in a accessible format. The end user then crafts a request for that information and sends it via the internet and the stored communication from the content creator is then delivered to the end user.
So you are an author who sits in front of a word processor and writes a magazine article ("crafting content," in your language). That article is then printed in an "accessible format," called a magazine. The end user (reader) then "crafts a request" by sending in a magazine subscription request, and the content is then delivered to the end user. Sound about right? We should definitely regulate magazine publishers, making sure that they can't decide how many to print, how many pages to create, which advertisers they should contract with, how often they publish, or which letters to the editor the choose to print. Because we can't have all of that unfairness, especially if the publisher decides they'd rather make arrangements themselves to deliver their printed material to news stands or find other ways best suited to their advantage to get their publication in the hands of their audience.
their claim basically is that an answer machine hooked into a phone service means that it is no longer a telecommunications service
No, that's you making stuff up. The telecommunications service is the telephone service between you and the answering machine that happens to answer the call. The telephone service between the two end points is no different when you talk to an answering machine than when you talk to a person who answers the call instead. It's exactly the protocols, the same bandwidth, the same use of the resource during the exchange
A network of computer networks passing routable packets around based on peering agreements between the operators of those separate (frequently privately owned) networks is NOT the same as making a phone call.
that email is not communications
I get it, now. You're being deliberately obtuse. You're trolling.
Their point is that having some servers pass around packets of information using a protocol like SMTP is exactly NOT like making a phone call. If you're saying that anything that is a form of communication is the same as a phone call, then please get back to hand-delivered daily newspapers, for example, and explain why that process shouldn't be subjected to the laws that impacting the publisher of a web site who wants to fatten up the network routes - even if it costs money - to make sure his audience gets a good, timely view of the content.
Their claim is so laughably stupid that the court should penalise them for making it.
As laughably stupid as not knowing how to spell "penalize?" Your half-baked vitriol on the subject is an example of exactly why this topic is a bad fit for most people, cognitively. Please don't do things like vote if it involves similarly complex subject matter. Thanks.