This is one of these cases like gun crime where:
USA: There is no solution!
Rest of world: slightly embarrassed look
There are legal terms and concepts like good faith, expected and unexpected terms, reasonable expectations, abuse of a legally unsophisticated party and so on. In other countries, neither the fiction that everyone reads or is expected to read the 10-page "dining contract" of a restaurant exists nor is it allowed (enforceable) to put any unrelated or unreasonable crap in there.
Is it your contention that the rest of the world has solved the case of terms of service? That the alleged solution is restricting possible clauses to those OP enumerated? Or that USA does not have any limits or regulations around fairness in contract law? I'm fascinated.
> This is one of these cases like gun crime where:
This is going off topic but I don't think that's going to go anywhere interesting, so why not...
> USA: There is no solution!
> Rest of world: slightly embarrassed look
Well presumably not the 20 odd countries with higher gun homicide rate than USA, but sure. One that did used to be counted among those ranks was El Salvador. El Salvador used to top the list just a decade ago and it was not even close! Today it's around par with New Zealand. Amazing! That is perhaps the most recent and dramatic case of a solution to gun crime being found. You are right that rest of the world is indeed embarrassed about that for some reason. You would have thought everybody would be overjoyed, praising it, looking to emulate it, all the self-proclaimed "experts" admitting they were wrong... but no. It's strange, everybody just has this slightly embarrassed look about it.
On the other hand, if the goal is to restrict the peoples' access to firearms, the solution to that in most other countries was not constitutional violations by their governments of course. So presumably the same solution for that in USA would be to amend the constitution so that such firearms restrictions could be implemented. Also very obvious. I strangely have not heard of any serious efforts by mainstream political parties toward this solution though. I can see there would be second hand embarrassment for them for not seeing the obvious solution to what they want.
>That is perhaps the most recent and dramatic case of a solution to gun crime being found.
We can't apply the El Salvador solution because what about the human rights of the violent criminals?!
During friendly discussions and arguments my lawyer friends like to make the same kind of thought terminating cliche filed arguments that you just replied to.
I think that your response really hit the nail on the head and it raises the question my mind of how do we most effectively eliminate these kinds of malformed American-system brained thoughts from disrupting real and possibly even productive conversations about these kinds of topics?
What was the thought terminating cliche? GP clearly substantiated their quip with specific concepts.
It's American libertarian maximalism with references to McDonalds hamburgers.
The entire comment is thought terminating cliche.