I have thought in a similar vein about capitalism and markets. Why, if everyone is clamoring for fair contracts, are not businesses offering them?

Partly it's because consumers cannot tell a good from a bad contract.

And partly I think it's that a lot of people say the right signals ('I care deeply about privacy!') As it's the cause de celebre, but don't actually care.

Sometimes they just want to watch Hulu without going on a stallman esque campaign.