Comment: Re:Book this! (Score 4, Insightful) 197
I think you may be onto something deeper than you may expect. I am becoming to believe that this behavior is really a side effect of our runaway copyright/trademark/patent system, but also the nature of statutes.
No reasonable person would accept 'book' as a copyright/mark. The word as it stands alone is indicative of anything specific. But since the bounds on in this ears seem to be keep getting stretched and morphed, as well as less than stellar protections for individual/fair use, this is what to expect.
However, the pitfall of statute is that if you leave the language too broad you catch things you didn't intend, if you iterate every possibility you can think of there are always loopholes. There is a reason why many statutes are 'vague', and why we have a judicial system, but its a mess either way.
That being said, I really would like to see tome tightening up of both law and legal action on unethical/illegal clauses in user agreements. Perhaps with some penalties. If a clause is generally known prohibit legal action, and that action is a right that cannot be waived, then putting it in an agreement should carry a penalty for attempt to defraud.