The distinction is scraping public pages vs. circumventing access controls.
Nitter is accused of: using an unofficial API, routing traffic through nitter servers, requiring operators to supply real X accounts, using session tokens, circumventing X’s API restrictions/rate limits, and then publishing the resulting material.
Still not a slam dunk for X, but keep in mind that their actual goal is to shut down nitter and can do so by increasing nitter’s legals costs.
