The common everyday EULA can become a prophylactic against prosecution for unscrupulous marketeers/virus vandals, who can take advantage of the fact that almost no one reads a word of any End User License Agreement — people just “accept the defaults” — click OK and move on. So now we’ve got commercial programs that have users agree to let them propagate, virus-style – to every user in their address books. The program / virus is not illegal, because every user agrees to its viral terms by clicking OK. We are punished for being busy and trustful.
Of course, this first incarnation affects only Windows users, and then only Outlook users. But that doesn’t mean it couldn’t affect me – I don’t read the damn EULAs either.