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Re:Console Do Not Track – Proposal for a standard environmen... by LocalH on Tuesday July 06, 2021 @03:10PM (#27752992)
I don’t think the simile fails for that reason. “Informed consent” is generally accepted as the standard, and it’s arguable that click-through EULAs are not in any way “informed consent” for the average person.

To bring the original simile full circle, let’s say a person signs a contract with another person, and then that person forces themselves on them. I doubt the presence of a clause in the contract saying “I agree to have sex with X” would absolve them of guilt.

Re:Console Do Not Track – Proposal for a standard environmen... by jeofken on Thursday July 08, 2021 @09:18AM (#27771565)
There certainly is a difference in harm between forcing sex and sending unique user IDs, and it’s not unreasonable to make a contract about the latter if one wishes, is it?

This is rather a reason to prefer free software licenses. Culture has yet to catch up to this, but in the long run I hope the collective consciousness learns to distrust and avoid complicated proprietary software licences.