You are making the assumption that EULA's are valid. EULAs are 100% invalid throughout the world with the exception of 2 or 3 US states who specifically brought in laws to make EULAs valid.

For a contract to be valid, both parties MUST:
1) see the contract before you give over your money/product
2) agree to the contract at the point you give over you money/product
3) and don't have access to the product/money UNTIL both 1 & 2 are complete...

In the vast majority of cases, EULAs violate #3 above, so no contract. EULAs aren't worth the paper they are printed on, and they often aren't even on paper.

How about this... I'll sell you a painting. I'll gift wrap it for you. Then when you unwrap the first layer of packing material you will see a nice EULA that states I still own the painting. Plus if you hang it on a wall, I own the house/property you hang it on. Unwrapping the second layer of packaging (so you can see it) consitutes acceptance of the agreement.

This is the same situation as a movie, music or software. All are copyrighted materials. Just like with movies, music & software I can make more reproductions of the painting because I own the copyrights. You don't, so you can't reproduce it or even take a photo of it.

A court of law does not care if a contract is fair, (one or more parties get screwed) so why should my EULA for my painting be any more or less valid than one for a DVD?

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