Validates post-payment disclosure of terms. Post-payment disclosure of terms also makes it hard for journalists to gather information about the best available deals and present comparative information.
Most consumers think that they are buying a consumer product when they pay money for software.
Validates the use of transfer restrictions in the mass market that conflict with normal customer expectations. Will deprive many consumers of a forum they can afford by requiring suits to be brought in a remote location. Weakens the Article 2 standard for warranty by demonstration. Fails to take a clear position invalidating restrictions on public discussion of product flaws. Even if the courts eventually ruled that such restrictions are against public policy, this will take years to settle through repeated litigation and the effect in the meantime will be to chill public comment on bad products.