"The rules" are in place, but we can change them if we, as a society, decide that they don't work, or don't reflect reality, or cost too much. Besides, if the

"The rules" are in place, but we can change them if we, as a society, decide that they don't work, or don't reflect reality, or cost too much. Besides, if the vast majority of people ignores a rule, maybe it means that the rule is ripe for changing. That doesn't necessarily mean removing TOS entirely, mind you. There are a bunch of other solutions. We could enforce minimum standards for human-readable, short form presentation of TOS. We could enforce what they may and may not restrict, in order to allow users to accept with reasonable minimum expectations of what they're accepting.