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Replying to your article, Thom: EULAs are as binding as every other legal agreement one enters into. If publishers were forbidden from creating EULAs, nobody could create a legal agreement; if you were not allowed to agree to a EULA, you would not be allowed to agree to any sort of legal agreement.
Also, something in your article: Here in The Netherlands we have a traffic rule which states that in case of an accident between a motorised vehicle and a non-motorised participant... [the driver is always at fault]. In the US, although it varies from state to state, a driver is not at fault if someone steps into a road and is struck. Motorists are not responsible for people who willingly and knowingly step into oncoming traffic; there is no presumption that the most 'powerful' party is automatically guilty.
Responding to Runjorel: