We need to stop pretending that these so-called "agreements" are good faith meetings of the mind negotiated between parties of roughly equal power. The consumer's only options are take it or leave it. There's a huge power imbalance and no ability for the powerless party to negotiate. That's not an agreement, that's a unilateral policy.
I see this as the very definition to entitlement; that you must be allowed to use something, even if you don't want to use it the way the owner of the thing wants you to use it.
We are talking about intangibles here (often described by the politically and philosophically loaded term intellectual property) I find it unreasonable to treat them as private physical property. It restricts the true potential of the digital, i.e virtually zero distribution costs.
In my view, digital content resembles a ’commons’ in their use and cultural significance. I believe the interest of IP-holders should take a back seat to the far more important free flow of information.
”Intellectual property” has always been stolen and copied and I would argue that the world is better of that way. So much of our art and technology would not exist without these ”thefts”. Intellectual property is only property because a state uses its monopoly on violence to enforce someones monopoly on an idea/concept/information. It is not because of any divine right of an owner to restrict what others do with intangible objects of information.
Also, there is a spectrum. No one would think it just if the Fourier transform was subject to licensing.
Consider the case of VCRs/DVRs: the cable companies said "this is for live viewing", but people wanted to record video. There was big pushback, but it was ruled that people have the right to use the video that way, even if television channels don't want them to.
We don't have a right to the labor of someone else, but if we're consuming the fruits of that labor, there's a case to be made that we should be allowed to do so how we see fit.
For instance, your current fork is "if you don't like the company's terms, don't use the company's products". Another fork that we could use might be "if companies don't like the users' consumption practices, they can exit business or change their product".