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Here's an actual lawyer (who is also a programmer) talking about this. https://writing.kemitchell.com/2017/02/16/Against-Legislating-the-Nonobvious.html https:

• rando832 10y ago
  No, your comment is complete FUD. Even a cursory skim of that blog post, you can see it's about a completely different issue in the TOS and does not discuss the issues this post is about at all.
  • Manishearth 10y ago
    Yes, it doesn't, because the thing the blog post talks about is a non-issue -- it instead focuses on a much more minor issue (why would it do that if there was a larger issue that was this bad?). It's also corroborated by other lawyers in the thread saying basically the same thing though. My conclusion that the blog post is FUD doesn't solely derive from the post I linked to.