> Mark Lemley observed this happening nearly 20 years ago, in his prescient, seminal article, “Terms of Use.”: The problem is that the shift from property law to contract law takes the job of defining the Web site owner’s rights out of the hands of the law and into the hands of the site owner.

With "contracts" of adhesion proliferating, and how impossible it has become to exist in the modern world without acceding to them (something as simple as buying a new SSD involves agreeing to one), this problem is getting worse by the day.

The law is becoming increasingly irrelevant, and more and more we are ruled by one-sided "contracts" from giant companies that are in a position to push them on us.