Let take a step back.
If the law told you that air and water are merchandise that you don't have a right to access anymore, would you accept or worse, defend this because this is the LAW ? If the law said jews are not humans and you have to declare them to the police, would you do it because this is the LAW? (Godwin point yes, but trust me these are the same people)
Well people defending these circumventions of EULA or consumer laws with TOS which are merely very weak contract between a consumer and a corporation that should exist in the first place, and which are most times even invalid as some of the conditions of these contract go against some actual constitutional rights like property.
But the point of this topic is not to say "well is it legal?" but "should we even remotely accept it or fight it"?
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