Is it any different to how it was previously? Before the age of AI, companies write all sorts of bullshit stuff into ToS or EULA which was neither enforceable or legal yet they routinely got away with it because Joe Schmoe had no ability to assess their arguments or fight back.
The only difference now is that the general population has gained access to low cost legal help and are able to push and argue (whether rightly or wrongly), previously it was the other way around.
The only difference now is that the general population has gained access to low cost legal help and are able to push and argue (whether rightly or wrongly), previously it was the other way around.