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You can't just bury literally anything in an EULA. There's a fair amount of case law establishing that EULAs clauses that are surprising or illegal aren't enforceable.
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That fact does not change the point of the individual to which you replied. Regardless of whether the clauses in the EULA are 100% legal, some mixture or 100% illegal, the entire EULA is a "one sided rule-book dictated completely by one side". You, the person held to the EULA's rules, do not get to negotiate on the individual points. You simply have a "take it or go away" set of options.

If the product has any serious audience / traction, it becomes profitable to scan its EULA for illegal clauses, and sue the company for damages (and maybe extra punishment for breaking the law).

The fact that 100% of its users, except the litigant, skimmed through the EULA and did not notice anything does not relieve the company from the responsibility.


You're talking about contracts of adhesion and they are overwhelmingly common for B2C agreements. Most red-lining of contracts only happens in high-value B2B transactions where the sums of money involved are enough that it makes sense to bring lawyers into the loop.


when you already pay for the device and a contract, then surprise now that you have skin and flesh in the game, you HAVE TO agree to this EULA or your property is a brick and we keep your money.

that is defined as extortion, but labled as onboarding.


Courts do look poorly upon this -- to have a valid contract of adhesion there is some degree of advanced notice required and ability to reject it.



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