The legality of an action gets sorted out when a judge weighs all of the conflicting laws. The law starts to "solidify" when judges publish precedent and intentionally state that some rulings are to be considered broad rather than an isolated finding in some narrow case Moe vs. Larry
Many questions here will fall in gray areas where there is no precedent but simply a bunch conflicting laws and hundreds of years of case history that may or may not apply to a shrink wrapped, non-negotiated, un-signed EULA between parties of radically unequal bargaining power. Add in the worldwide nature of t…