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Comment by PurpleBoxDragon | Hacker News Reader

>No offense, but this feels like a “99%” and “most” that is something less than rigorous.

I've read the contracts I have to sign, and generally this throws people off drastically. When I ask, they tell me I'm the first to read them. Things like leases at a place that has been around decades and I'm the first to sit down and read before signing. While it isn't rigorous, from my experience with wet ink legal documents, saying 1% do read EULAs and privacy policies is a very optimistic over estimation by magnitudes.

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I think that indicates that the legal documents weren't written to be read, more than people are too lazy to read them. They were written for a lawyer and for use in court, and it's not realistic to bring in a lawyer for every EULA and contract we encounter.

And just as honestly, what are we going to do - say no? Saying no is more and more simply not allowed if you want to use a service. I've had job offers who would rather have me walk than change the terms of employment. There's not a website out there which allows you to use it if you do not consent to their EULA. Hell, I've encountered a EULA when starting my (purchased, not leased) car.

You can't even post on Hacker News without consenting to 39 pages worth of privacy policy and TOS.

And that is why I think the core of the issue is consent. The power difference between the lawyers who understand the legal system and write these documents and the users who are forced to agree to use the service is so great that consent cannot exist between the two parties. We legally allow it, much like some countries will legally let a 9 year old sign some document and then hold them to it, but that is a legal fiction that needs to be done away with. Of course this would be a massive shock to how we do things (how would you sign up for a loan), but that alone doesn't justify allowing such abuse of consent to continue.

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