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Informed consent
Abbie's idea that a 1-click EULA gives legal protection is flawed. There are several ways you could successfully argue that away in court. Wat protects publishers isd the vast disparity in resources between themselves and end-users.
Lack of informed consent kills the EULA, unless it specifically lists what it is doing wrt to planting drivers and lists all known/reportewd issues with them.
As far as the EULA principle itself, if you can demonstrate that the "average" person scrolls down and agrees without reading, to the satisfaction of the court, the the EULA concept is out the window, even if the info is in there.
Of course, this is all moot until someone challenges it in court. Any idle rich want a hobby-cause?
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