Comment Re:The power of EULAs only goes so far (Score 1) 216
Yes true. I was not implying what could be legally enforceable in a contract, but what would legally constitute a contract to begin with.
Case law is full of examples where a contract is completely void if it was not read and signed under the full understanding and normal method of entering a contract. That is to say I can't simply write even legally enforceable text such as "By signing below you agree that I may contact you for advertising purposes" on a receipt for a hammer you just purchased. Even though reading and signing a statement like that is legally enforceable, it needs to be a contract separate from any other function such as signing a credit transaction, signing for a parcel, or hitting like.
The only way a contract is enforceable is if it's separate, hence the tick boxes allowing opt-in or opt-out for advertising and other "commercial material" when filling out forms not related to you wanting to get said advertising.