The second doesn't seem like a problem to me as long as they respect robots.txt
But your original claim wasn't just "Brave are technically not doing anything illegal" or "they're no worse than the others". It was praising them for being better than the others, that they're the only ones trying to do the right thing. And for these example it's just not true, they're outright worse than the industry standard.
So, to repeat, what makes you think that "Brave is trying to do the right thing while other companies aren't even attempting"?
And you don't seem to have read the article either, because clearly it was explained that they don't respect robots.txt because they have no user-agent.