privacy legislation would just solve the problem by itself though.
I've been for a "corporate death penalty" (if companies are people, they can be executed) which would result in the shareholders losing everything along with executives being perp-walked.
No. In a paper contract, you can scratch off things you don't agree with. You can negotiate.
You can't do that in Ts & Cs. For example, Ts & Cs often unilaterally change with no ability for you to review or cancel or undo. It's trivially easy to write software which uses services without ever agreeing to Ts & Cs. So it's not really a legal contract.
> And that makes sense - otherwise how else do you agree to things or not agree to them?
Through a real negotiation. With a paper contract, that both parties sign, and both parties receive a copy of, and that can't be unilaterally changed.
The first seems like it could be resolved with an escalating fine schedule, and the second could be mitigated by requiring Apple/Google to remove it from the app store (one of the rare cases walled gardens are on consumers' side).
Malicious compliance. For example: https://en.wikipedia.org/wiki/Epic_Games_v._Apple
"While Apple implemented App Store policies to allow developers to link to alternative payment options, the policies still required the developer to provide a 27% revenue share back to Apple, and heavily restricted how they could be shown in apps. Epic filed complaints that these changes violated the ruling, and in April 2025 Rogers found for Epic that Apple had willfully violated her injunction, placing further restrictions on Apple including banning them from collecting revenue shares from non-Apple payment methods or imposing any restrictions on links to such alternative payment options. Though Apple is appealing this latest ruling, they approved the return of Fortnite with its third-party payment system to the App Store in May 2025."
Or https://developer.apple.com/support/dma-and-apps-in-the-eu/
"UPDATE: Previously, Apple announced plans to remove the Home Screen web apps capability in the EU as part of our efforts to comply with the DMA."
(This one resulted in enough fuss they backed down.)
Just like banning drugs and murder did!