Can you please cite legal precedent for this interpretation?
When you "transmit" a "work" you are transmitted *what is copyrighted*. What is copyrighted is the work itself. This is what happens when you, say, show a movie to an audience. The audience perceives *the copyrighted work itself*.
When you "make available" software to the public you are *not* transmitting the copyrighted work itself. You are making available the *result* of *executing* the copyrighted work itself.
You can violate copyright by filming a movie in a theater. You cannot violate copyright by reproducing the output of a query to a SaaS service (at least not the software's copyright anyway, the data could be separately copyrighted).
This distinction is evidently legally relevant and it is irresponsible to dismiss it and claim it does not exist.