[user5994461]

Arbitration clauses aren't binding. It's a perfect example of something that is very common and abused in the US, yet has zero bearing in the rest of the world. ^^

A clause that tries to define particular types of torts/defenses is a prime example of clause that is immediately void across the world, because it tries to redefine the law. Contrary to what you think, the judge cares little what is written in the contract, the judge mainly applies the law.

P.S. The GPL is not a blanket license. It's a contract in the US too. I shall make a follow up article on contract vs license because there is a lot more to cover about that.