isilofi

It is a wakeup-call also to do due dilligence and risk management when entering contracts. And yes, clicking "agreed" in the installer is very often a contract that you should run by your legal advisors. Or at least think very hard about.

_Some_ kinds of Open Source might help there, since _some_ open source licenses are very easy to comply with and very business-friendly. On the other hand, all the game studios now complaining would also howl and whine when forced to be GPL-compliant and release their source code.

And even with business-friendly take-what-you-want-and-never-give-back Open Source licenses, there is always the risk that the project you are using does what Hashicorp did with Terraform and stuff: Change the license for all future releases to something you won't like, cutting you off from your necessary updates and fixes. Maybe there will be a community maintaining a fork, maybe there won't.

I'm not so sure about that. You are totally right that e.g. here in the EU contracts and terms of service with ordinary consumers ("B2C") are restricted as you say, limiting what can possibly be agreed on in that contract. Generally this consumer protection only applies to individuals for their private use. E.g. later changes to the terms of a contract are a big no-no.

Contracts between businesses ("B2B") are far less restricted, there is no such thing as consumer protection for businesses. Whereas for consumers, terms of service are heavily restricted by a special law ("AGBG", basically translates as "terms-of-service-law") It is generally thought that business people are savvy enough to know what they can and cannot agree on. Therefore legislation and courts lean strongly towards providing greater freedom of business and contract in anything B2B.

And I think in most circumstances, a game developer who distributes its game to a wider audience is a business in the scope of the aforementioned discussion. It would only maybe not be a business if there were no monetary benefit of any kind, so no selling games, no advertisements, no publicity that could lead to monetary benefit in the future...