Some of your comments might be valid actic flame, but "Contracts written by a company's legal team tend to protect said company at all costs." That remark is not automatically relevant.
Companies have in the past, and likely will in the future, make statements that simply have no worth in a courtroom.
The thing is, joe schmuck is usually financially unable to fight back against a sufficiently economically powerful company. They lose just by being unable to afford to win.
But when a company goes far enough, that they make a great deal of people angry enough, that the media notices it, then it gets more interesting. Then joe nobody has mr media splashing nasty company's bad behaviour all over the nightly news. And joe nobody then only requires helpful lawyer to understand "hey nasty company can't actually do that".
It's done all the time.
Remember Sony's recent actions?
Here's one that is dependent on your country. You can't make software, and sell it in Canada, and tell me I can't make a back up copy of it. It's entirely pointless to write the prohibition into the ULA. It doesn't mean anything in Canada. Go ahead, tell me I can't do it. Make me click saying I have read and agreed. It still doesn't change Canadian law. The ULA is not law. It can't alter law. It's simply not worth the time to pretend it has any force.
Now YOUR nation might have it different.
Right now, as we speak, Bell Canada is learning that some of its actions, have not been well received. And the media is all over it, and we even have one of our political parties spending time on the matter.