Can you help me understand what could be unconstitutional about a license agreement since it is entered into voluntarily by the purchaser of the license?
Well, for one thing, the license agreement is not on the outside of the box, and I challenge anyone to return a software title where the package has been opened.
I think this is a good thing. Perhaps the software makers can come up with a real, enforceable license agreement. I want their intellectual property to be protected, but the EULAs in use today are comically unjust.
No contract can violate the law. Any terms that do can be found unenforceable or void. A term in a Network Associates license that said they must approve any reviews of their software before publication was also deemed unenforceable for being contrary to law and the public interest (they used the license term to suppress unfavorable reviews of their products).
I agree. The foundation of Capitalism is the idea of a voluntary, enforceable contract. Without this concept, we'd be just like any other third-world rat hole. (Which is one reason I do not support a bailout of mortgage holders who entered into a loan contract, and now complain that it's not fair!)