Sorry, could not resist. On a more serious note though, it is worth pointing out that not the whole world uses the same system for laws, courts, precendents and such as in the US, which unfortunately sometimes people tend to believe.

Considering EULAs is basically just contracts, I find your following statement quite interesting:

"Some law is so well settled that there is little left to argue about, but in the EULA area there is so little law that we lawyers will likely be able to feed our families for some time to come."

Engineers must find ways to take advantage of the laws of the universe to benefit themselves and mankind. Often this results in new ways of using old but unchanging laws.

My understanding of the law is obviously skewed since I, as well as many other people, are frantically seeking a "foothold" to stop the egregiously unfair business practices of vendors when they unilaterally "dump" on us EULAs that have the preceived effect of eliminating consumer rights.