Have you tried arranging a meeting with Microsoft to change the contract a copy of Windows is licensed under? Did you have to check with your car manufacturer to make sure the car doesn't blow up when it hits 20km/h?

This was partly my point, though perhaps not clearly stated. All else equal, suppose that everyone actually had artificial hearts and that what we were buying from Microsoft was control software for these devicies. The dynamic for ridiculous EULA's would instantly change, because on average the stakes have just shot through the roof. The market would no longer be as willing to forgive the risks.

Granted, this can be abused in monopolistic environments, but I think people would also pay a hell of a lot more attention to what they were actually buying if it literally made their hearts tick.

The point of the other examples was illustrating that when you're in high-risk business you are less likely to accept foolish terms from a vendor. Regardless of your clout -- if there is a market there, competition will arise. Since you are (hopefully) aware of the nature of your risky endeavor, you go the extra mile to actually read a contract.

With operating systems for individuals today, there is not enough risk associated with purchasing an inferior product, therefore better options remain in a niche market. The market bears the ridiculous EULA's.

Matt