[nabraham]

This all started in the US with Judge Easterbrook in ProCD. https://www.bitlaw.com/source/cases/copyright/procd.html

The basic gist of Easterbrook's argument is that in everyday life it is common to buy now and find out the terms later, and under the law and the UCC the sequence of money and accepting terms don't matter.

While the case has been stretched to the limit, and lots of research shows that users aren't reading the terms of service, the practice and the law in the US has only strengthened.