[adrian_mrd]

> I think this legal arms race is a consequence of America's overly-litigious and profitable legal system.

I would concur with this. From the software firm's perspective, there is less risk in being overly cautious (i.e. EULAs) than to have less restrictive and open rights.

Maybe there is a need for a standard common-law contract that provides a set of 8-10 basics and then any companies have to specifically spell out what is different in their personal EULA - and the user can either accept or reject those additional terms? A true accept or reject, that is, and not just two buttons ;)

But then why are EULAs allowed in countries that are far less litigious?

Are other countries compelled to adopt the EULA for their citizens (convenient!), lobbied or pressured via free- or other trade agreements with the USA (soft/smart lobbying!), or are we, as users to blame for pressing 'accept' without any lobbying efforts of our own?

[pjmlp]

In most European countries EULAs are only valid if you are given the opportunity to read it before buying the product.

It is not legally binding to sign for something after having paid for it.

Now if the box states somewhere a kind of EULA introduction, with indication where to read the full version, then it is another matter.