You should check out
Andino v. Apple, an ongoing lawsuit in which the plaintiff alledges that the use of the "Buy" button is fraudulent if content is truly not bought.
I feel like you are confusing copyright law with contract law.
I can purchase Minecraft without agreeing to any EULA. It only appears after you download the launcher.
Here are the two types of unconscionability:
The basic test applied for unconscionability is “whether, in light of the
general background and the needs of a particular case, the clauses
involved are so one-sided as to be unconscionable under the
circumstances existing at the time of the making of the contract”.
Substantive unconscionability looks to the actual terms of the
agreement, while procedural unconscionability focuses on the manner
in which the contract was negotiated and the circumstances of the
parties at the time of formation. Procedural unconscionability may be
shown by either an inequality in bargaining power or unfair surprise.
This may be evidenced by terms that are unreasonably favourable to
one party, terms hidden in the contract, or where one party has
substantially lower education levels. Substantive unconscionability
may be shown by an overly harsh allocation of risks or unjustifiable
costs or a great price disparity. Where a court finds that a contract or
clause is unconscionable at the time it was made, it can refuse to
enforce the contract or limit the application of that clause to avoid an
unconscionable result.
It is not the EULA that allows me to use the software. The software can be naturally executed and used. The EULA then comes around and coerces me to agree to it if I want to get past an install screen. While the actual software is already in my posession, which is the only thing copyright law regulates. Copying and redistribution.