Comment by ryandrake
4 years ago
I wonder if a company included "We have the right to send a company agent to enter your home and destroy this product." in their Terms Of Service, and you "agree" to it, would that simply allow them to do so?
EDIT: I am not a lawyer, but I've always been surprised that Terms Of Service and End User License Agreements aren't routinely voided by courts. Aren't they perfect examples of unconscionable and adhesive [1] contracts? These seem to tick all the boxes: One-sided, no meaningful choice, no meeting of the minds, significant differences in bargaining power between the parties, no ability to negotiate, take-it-or-leave-it terms.
You'd think these things were total junk, but they're everywhere and somehow enforceable? Why?
1: https://www.jensenlawmn.com/adhesion-contracts-unconscionabl...
This would make a good movie or series, about a person whose job it is to go do things like this, and at times it could get dangerous when they encounter people who staunchly believe these EULAs are unenforceable.
> One-sided
Its not really one-sided, if I agree to it then I can play Nintendo games on Nintendo hardware on Nintendo online services. Some people see that as a big benefit.
> no meaningful choice
I definitely have a choice on whether or not I buy/use a Nintendo Switch. My life won't end if I can't play Breath of the Wild or Smash Bros.
Keep in mind that a license is different from a contract.
Have a look at https://en.wikipedia.org/wiki/GNU_General_Public_License#Lic... for an example of the difference.
And it's the same for more subtle matters too.