[bangoimby]

I'm not sure, IANAL but I would say that much of what a EULA or ToS covers is not that novel, companies skate by on technicalities, and a nontrivial portion of a typical agreement may even already be invalid but lacks case law. If companies weren't worried this might be true they wouldn't need the severability clauses. For example, disassembling or repairing items you paid for or duplicating legally owned copyrighted works for personal use (not distribution) were rights that were well established, but sprinkle in the right technology (even if it has no purpose other than to interfere with these rights) and suddenly it gets a pass. It's not a novel situation, it's a loophole to opt out of established law.

You are right that we won't be happy with the new laws, as so far and with the examples I gave new laws have mostly removed consumer rights, not asserted them.

[anileated]

> duplicating legally owned copyrighted works for personal use (not distribution) were rights that were well established, but sprinkle in the right technology and suddenly it gets a pass

True in more than one way; owning copyright to your works and being able to refuse/get paid for commercial distribution was a right well established, but a sprinkle of right technology and suddenly they can charge people to copy your work on demand with minor modifications for your own commercial use (while you get nothing).