true_INFP - 4:11 pm on Oct 18, 2010 (gmt 0)
For me, it's like saying don't ever go out the street because you can get hit by a car. The risks are there. But heck, everyone's still out there!
In this case, it's not a mere "risk", but a fact based on a legal agreement. So if I were to use your street analogy, it would sound like this:
"By going out to the street, you agree that the owner of the street has the right to use any property you take with you in any way he or she wants and to authorize third parties (the street owner's sub-licensees) to do the same."
Sounds fair? Well, I think any sane US/EU judge would declare such an agreement invalid without any hesitation. ;-)