> If you enter into an agreement with someone

Upon review, it looks like you don't have to enter into an agreement with anyone in order to use this software, except its authors under the terms of the AGPL.

> exploitative behavior

Even if you want to frame it like that, it doesn't look good for you unless you assume we're imbeciles who don't keep score. You do not have any right to complain about exploitative behavior when you willfully exploit hundreds of millions of people by 1000 units and they "exploit" you by 1 unit in return. You're still a net exploiter in the relationship.

> when you know that they will continue to hold up their end

That's a lie, corporations unilaterally alter the terms of service without offering compensation all time.

You'd be correct if all of these contracts weren't essentially contracts of adhesion. The fact that the user has no agency to change the terms of the contract or really any say at all in what the terms of the agreement are waters down your argument significantly. In fact, the contracts are so asymmetrical that only one party has control over them and can change them at any time. The other party has no agency whatsoever.

I think in modern commerce TOS are things written in small print most reasonable people read of purposely agree too. I saw some BS in an owners manual for a washing machine that was attempting to imply that by using this machine I agreed to the TOS.. I mean, I guess. It doesn't seem like ethics has much to do with it.

Nah: going back on a somewhat ethical and REMOTELY fair deal made by folks who are even close to equal in power, that's not OK. Also, most of these sites make no requirement that you read and agree to anything; I can open YouTube and watch videos in an incognito tab right now, no EULA/TOS necessary, so how are you to say I am breaking any agreement at all?

Furthermore, these "use the service or not" agreements is like saying "accept a government or leave the country". Being handed an ultimatum saying "agree or you can't participate with your peers culturally, and potentially can't even access other local services such as government announcements", that's basically not a deal as there is no negotiation, that's being informed by greater powers of the pound of flesh they expect to extract.

Yes, yes I know the law says if you don't agree then you should simply not use the Internet, simple as that. That's clearly not even a possibility to be a functioning member of society at this point, but I guess it'll take some time for the law to catch up.

> Typically they start with something like: by using this $SERVICE you AGREE to blah-blah-blah ($X)

>

> If you agree to $X but then don't do it: you're a liar.

You have never been presented any TOS nor agreed to anything if you don't have an account.

If artists and youtube don't want us to use their 1 and 0 the way we want, they can pretty easily lock them under registration and payment. The thing is they don't care to do that, so they cannot complain.

> If you agree to $X but then don't do it: you're a liar.

No, you're unreliable.

First, I don't see how someone viewing a publicly available stream is an agreement to terms of service. Court cases to back this up ie Netscape.

Second, just because you agree to a contract doesn't mean that contract is consionable, not something that shocks the court.

And it would have to be up to a court to decided just that. Hence you know disney ended up backing out before the court decided. As arbitration can be considered unconscionable.

https://www.newsweek.com/disney-wrongful-death-lawsuit-waive...