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As long as you don't create a false sense of security for yourself. Flash (and Java) get all the headlines and sometimes deservedly so but the web is unsafe unless the user is vigilant. Vigilance is more than just disabling stuff, well unless you are talking about 'disabling' everything living totally offline.
If some body or a group of people are really serious about an issue that arises from this they can take eBay to court for the EULA itself. If I bury a line in my product EULA that I have the right kill all users and (even) 1% miss it and accept the EULA it doesn't mean it can stand in a court of law.
Google has passed the threshold where a company starts making decisions, just for the sake of it, that are not enhancing their customer's experience. Everything from new products that are scratched months later to dropping the + operator point to redundant internal meetings just for the sake of it.
The issue is those who are supposedly riled up should and must be riled up on the other points you bring up (court allowing things, etc.) too. So your point while not invalid is not valid either;)