Just because something is written in T&Cs doesn’t make it okay. Consumer laws have precedence over T&Cs.
This seems to be something that the "Unfair or Deceptive Acts or Practices" charter of the FTC could address.
The three prongs of when it applies are
- Causes or is likely to cause substantial injury to consumers
- Cannot be reasonably avoided by consumers
- Is not outweighed by countervailing benefits to consumers or to competition
It seems like stealing movies users purchased thinking they owned them checks all 3 boxes.