If you don't read privacy policies or EULAs, you deserve what you get! People laugh at me because I do exactly that, and I've refused to do business with companies like Google because of their onerous policies.
We, as a society, have become apathetic and care more about being entertained than protecting ourselves.
I agree in principle, but see my post 8.
In essence, large companies can have perfectly legal clauses in their contracts with their customers, but because they are large, courts tend to see every single contract with a “little guy” as sort of “signed under duress”. It bites them if they ask for stuff that, though legal, is too “unreasonable”.
And in the world we live in today, this is perceived, by most, as unreasonable. They need an “opt out” button on that clause.