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I still don't understand how a long TOS with a "click here to agree" passes legal muster. If I said here, "By reading this comment you agree I have a right to come into your house and eat all your food", any attempt I made to enforce that would be laughed out of court.

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I don't think anyone would argue that it does pass legal muster; the problem is that these entities can get away with their behavior without appropriate enforcement for enough time that they are able to profit from their behaviors; the average contract writer seeking to eat all your food would not have enough time to profit from their contract before you would be able to enforce the law on them.

> I don't think anyone would argue that it does pass legal muster

As I read the article two lower courts in Austria do think the argument passes legal muster:

> The two lower Courts in Austria however took the view that is solely in Facebook's discretion to claim a term to be a "contract" or "consent". Consequently they saw no issue with Facebook's bypass, but also held that the matter needs clarification by the Supreme Courts.

Am I misunderstanding something?

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