Except… For a contract to be legal it must be agreed upon by both parties free of manipulation or coercion. Now, usually this is specified to be manipulation or coercion on the part of one of the parties, but what I argue is that in the modern era that is insufficient to encompass the growing complexity around the way society works and how it will continue moving forward.

Pulling the numbers out of my well educated ass, 40 years ago the average person would encounter EULA-like contracts a handful of times per year. Maybe for a mail order service, or a piece of software. Today we encounter them daily. The amount of information in them is intentionally made dense and overwhelming so the average person becomes numb very quickly and opts to click through on most of them without reading them. This enables all sorts of personal liberty and information abuses on the part of corporations.

40 years ago you did not have one to find a job, a lover, buy a car (still had a loan contract, but if you paid up front you had 0 contracts other than the bill of sale). You would not encounter them to work most jobs. You could go years without having to risk signing your rights over to a company and usually when you did you had negotiation power. This is not true today. You work for a company, they use Zoom, Slack, Google Workplace, a Virtual Timecard service, all of which have individual EULA that you as a private citizen, not an employer, must agree to and be bound by. Microsoft can put in their EULA that they are allowed to take a screenshot of your computer every 15 seconds and transmit it to their servers. This could be intercepted, or the servers could be hacked and have the entire database compromised and you have 0 say other than public outcry or to airgap your system, which then complains constantly that it cannot connect to the internet and becomes virtually unusable for about 80% of why you want to own it.

Being required by an employer to use software which requires that you as an individual sign a EULA is coercion. Having 0 recourse for alternatives in a marketplace which do not require signing a EULA is coercion. Having the terms which strip your rights irrevocably and transferrably buried and written in confusing ways is manipulation.

I should never have to worry that my copyright is being stripped from a piece of art I create just because I share it to a friend on some website.